Attorney claims that she should have been protected under the "Stand Your Ground" law

Jul 17, 2013 08:26 GMT  ·  By

A mother of one convicted for firing a warning shot after being assaulted by her husband is filing an appeal after the Zimmerman verdict.

According to WTEV, Marissa Alexander of Jacksonville, Florida has been sentenced to 20 years in prison after firing into the air, but she is fighting back with an appeal.

A judge dubbed her ineligible for immunity under the "Stand Your Ground" law that got George Zimmerman free, CBS News reported at the time.

"The Florida criminal justice system has sent two clear messages today.

"One is that if women who are victims of domestic violence try to protect themselves, the 'Stand Your Ground Law' will not apply to them...The second message is that if you are black, the system will treat you differently," Congresswoman Corrine Brown said after she was sentenced in May.

The defense had several witnesses that could attest to the fact that 31-year-old woman's husband had a history of domestic violence, but the testimonies were not admitted in court.

The confrontation in August 1, 2010 started with husband Rico Gray attacking Alexander over messages found on her phone. She had just given birth to their daughter nine days earlier.

He wouldn't let her leave the bathroom, but she managed to get free, took a gun from her car and returned, threatening to shoot him if he didn't leave.

"She shot in the air one time," Gray described in his deposition.

In his 911 call, he accused her of trying to kill him and their children by aiming at them and not at the wall.

"She aimed the gun at us and she shot," he said.

A judge found that she could have left the house instead of returning with a weapon, which "is inconsistent with a person who is in genuine fear for her life."

"There is insufficient evidence that the Defendant reasonably believed deadly force was needed to prevent death or great bodily harm to herself," the ruling reads.

A jury convicted Alexander and she was sentenced to 20 years in jail under the "10-20-life" law in Florida, which is applicable when a firearm is used to attack and possibly kill someone.