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Florida Self-Defense Laws

Blog 2018 April Florida Self-Defense Laws
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Florida Self-Defense Laws

Posted By Stepniak & Park || 9-Apr-2018

In Florida, one of the most common defenses defendants use when facing assault or homicide charges is self-defnse. Such a claim aims to prove that violent retaliation was “reasonably necessary” to prevent imminent use of unlawful force by another person.

In general, defendants in Florida can use the following two types of force as an affirmative defense to justify their actions:

  • Non-deadly force – Force that will not result in great bodily harm or death. A person is allowed to use non-deadly force when in defense against another’s imminent use of unlawful force. There is no duty to retreat in these situations.
  • Deadly force – Deadly force can be used or threatened in order to prevent the imminent commission of “forcible felonies” and imminent death or great bodily injury.

In 2005, the Sunshine State became the first that to pass a “stand your ground” law in the country. That means if Floridians felt threatened with great bodily harm or death, they are allowed to defend themselves with deadly force, as opposed to retreating the situation

So if you’re home and suddenly hear someone break into your residence without consent, you have the legal right to use deadly force to protect your life and prevent the imminent commission of a forcible felony.

The issue of self-defense can be raised at a pretrial hearing or at trial. If a judge determines the actions were justified, they must dismiss the charges. On the other hand, if the judge doesn’t find the actions were justified, the defense can still be presented in court so a jury can decide whether the actions were justified.

A jury will base their verdict on the “objective standard," which is determining if a reasonable person would have done the same thing in the situation the defendant was in. If self-defense is available, the State needs to prove otherwise beyond a reasonable doubt.

Self-defense is not available to those who:

  • Engage in an unlawful activity and use defensive force
  • Initially provoke the use or threatened use of force against himself or herself

If you have been arrested for a violent crime, request a free consultation with our Daytona Beach criminal defense lawyer at Law Offices of Robert Stepniak today.

Categories: Criminal Defense

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