TALLAHASSEE, Fla. (AP) — The Florida Supreme Court will hear a case that could shift the burden of proof in “stand your ground” cases.

The hearing Tuesday involves a 2011 road rage incident in which an Indiana man says he was protecting his family from an aggressive driver by drawing a gun on him as he approached their car.

No shots were fired, but Jared Bretherick is charged with aggravated assault with a firearm. He tried to use the state’s “stand your ground” law to avoid a trial. A lower court rejected the defense’s argument that Bretherick should be immune from charges.

But now the defense lawyers say that the burden should’ve been on prosecutors to show immunity shouldn’t be granted — not on the defense to prove it should be.

(© Copyright 2014 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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