'Stand Your Ground': How far is too far?

MOBILE, Ala. (WALA) - Very often, danger can come without warning, and there are laws designed to allow you to protect yourself.

But how far is too far?

The “Stand Your Ground” law has been a hot topic after the controversial death of Florida teen Trayvon Martin in early 2012.

Since then, Florida lawmakers have held hearings to consider tweaking the law, and many other states have taken closer looks at their own self-defense laws.

In a special report,FOX10 News is taking a look at the laws here in our area.

The Stand Your Ground law allows people to defend themselves if their lives are threatened.

The law states you don't have to retreat.

But in Florida and Alabama, it's a jury that eventually decides whether it was justified, so it's important to know whether or not it's ok to shoot.

It was early August 2012 in the vacation hotspot of Orange Beach. And while the solar flares shined above, tempers flared down below.

Witnesses said local resident Steven Pinson and tourist Damon Hembree got into a bit of road rage. Pinson and Hembree were arguing back and forth down Perdido Beach Boulevard. When the vehicles reached a stoplight police say Hembree, who was unarmed, approached Pinson's pickup.

Pinson's attorney Steve Salter said his client waved a handgun as a warning.

Salter said, "Mr. Hembree said, 'I see your gun. I'm gonna take your gun and stick it in that kind of place,’ and other curse words."

Salter said after the two argued some more, Pinson shot Hembree in the upper chest.

"It wasn't something where Mr. Pinson sat there for a few minutes and said, ‘I think I'll shoot this fellow.’ It wasn't like that."

Hembree was later treated for his injuries and Pinson was charged with attempted murder.

But his attorney argues Pinson's shooting was in self-defense and legal under the 'Stand Your Ground' law.

"It doesn't require that the other person have a deadly weapon. It's only that they're in a position to inflict serious bodily harm,” said Salter.

What exactly is this law? And how does it apply to you if you're in danger?

Around two dozen states, including Alabama and Florida, have statutes regarding self-defense.

Florida State Attorney Bill Eddins said, "You can even use deadly force if you have a valid reason and do reasonably believe that the person is about to cause death or serious bodily injury."

Mobile County District Attorney Ashley Rich said, "You can only use that degree of force that you reasonably believe is about to be used against you."

The language of the law is similar for both states:

A person is justified in using deadly force in cases where you have to:

1)      Protect yourself

2)      Protect others

3)      Prevent an unlawful invasion of property, like a house or a car

"You have to have a reasonable belief that you're about to suffer death or serious bodily injury," Eddins said.

"You have to be careful. You need to make sure that if you're about to use deadly force on someone, that you have just cause and you reasonably believe that person's about to use deadly physical force on you," Rich said.

Self defense instructor Gary Mozingo sees guns as a vital tool for protection.

"It's a tool that can be used in a safe or unsafe manner,” said Mozingo.

He said he tells students how to protect themselves if they're threatened.

"Anybody that abuses force is acting unlawfully. And that's the key. Then you can use deadly force to change that behavior if you're threatened," Mozingo said.

Mozingo teaches his students to shoot to stop the threat, not shoot to kill.

"What we teach them is to shoot the center of mass. You shoot until the threat is stopped. You're not shooting to kill. Your intent is not to hurt anybody. You're shooting to stop the threat."

"Why don't you just wound the individual? Why don't you just take out the knee or the shoulder, or these things? That makes sense until you introduce adrenaline. When you introduce adrenaline, your fine motor skills go away."

Officials from both states said typically, it's a jury's job to determine whether your case of self-defense follows the law.

Rich said, "It's important that everybody understands that we just can't go out there and have vigilante justice. We can't go out there and shoot people just because they're on your property. That's not what the law is about."

Eddins said, "You're not required to stand your ground. It's something you can choose to do. You can choose to use what you consider to be good judgment and retreat to a safe place if somebody's threatening you."

If convicted, Steve Pinson could face years in prison for this shooting; but his attorney argues Pinson made the right decision.

"You have a duty to protect yourself and do it the best you can under the circumstances that are presented to you,” said Salter.

We're told Damon Hembree has recovered from his injuries and is at his home near Birmingham.

Salter says the case has now been sent to a grand jury.

If you'd like to read up on your local stand your ground laws, click here for Alabama