|
Self Defense as a Defense to Murder
Defense of Others as a Defense to Murder
Justifiable Homicide as a Defense to Murder
Excusable Homicide as a Defense to Murder
Florida Murder Defense Lawyer
Self Defense as a Defense to Murder
He hit me first! I was just defending myself! Often, the best
defense to a murder or homicide charge is self-defense. The essence
of self-defense is someone hit you first, pulled a dangerous weapon
or a gun on you or you thought they were going to immediately hit or
shoot you and you shot or struck them. The whole issue at trial is
going to be whether your actions of self-defense were reasonable.
For instance, you cant shoot somebody if they are only using their
hands to punch you. However, if the other person had a gun, that's a
different story. Generally, the defense has no burden of proof.
However, with a self-defense claim, we have to prove that you
reasonably believed your conduct was necessary to defend yourself
against the accusers imminent use of unlawful force. Also, we must
prove that the use of unlawful force by the accuser must have
appeared to you to be ready to take place.
In Florida, there is no duty to retreat. The legislature, after
much lobbying from the National Rifle Association, passed this law.
This relatively new "stand your ground" law is an excellent tool for
murder or homicide criminal defense lawyers. You now have the right
to defend yourself and stand your ground, even using deadly force
with a gun, if you are abiding by the law and get attacked. However,
you must reasonably believe your actions were necessary to prevent
death or great bodily harm.
The jury must judge you by the circumstances you were surrounded
by at the time the force was used. Every case is different. What is
reasonable self-defense is defined by the jury that you and your
criminal defense lawyer pick.
Defense of Others
I was just protecting another person from a maniac! That's
essentially the defense of others.
The whole issue at trial is going to be whether your actions in
defending another person were reasonable. For instance, for defense
of others, you cant shoot somebody if they are only kicking the
other person with their feet. Generally, the defense has no burden
of proof. However, with a defense of others claim, we have to prove
that you reasonably believed your conduct was necessary to defend
another person against the accusers imminent use of unlawful force.
Also, we must prove that the use of unlawful force by the accuser
took place or must have appeared to you to be ready to take place.
The jury must judge you by the circumstances you were surrounded
by at the time the force was used. Every case is different. What is
reasonable defense of others is defined by the jury that you and
your criminal defense lawyer pick.
Justifiable Homicide
The killing of a human being is justifiable homicide and lawful if
necessarily done while resisting an attempt to murder or commit a
felony upon the defendant, or to commit a felony in any dwelling
house in which the defendant was at the time of the killing.
Excusable Homicide
The killing of a human being is excusable, and therefore lawful,
under any one of the following three circumstances:
- When the killing is committed by accident and misfortune in
doing any lawful act by lawful means with usual ordinary caution
and without any unlawful intent, or
- When the killing occurs by accident and misfortune in the
heat of passion, upon any sudden and sufficient provocation, or
- When the killing is committed by accident and misfortune
resulting from a sudden combat, if a dangerous weapon* is not
used and the killing is not done in a cruel or unusual manner.
* "Dangerous weapon" is any weapon that, taking
into account the manner in which it is used, is likely to produce
death or great bodily harm.
If you are facing murder charges and need a Florida
murder attorney, call me.
Contact Grey Tesh
Federal Criminal Defense Lawyer
Murder or Homicide Charges Defense Attorney
aaacriminaldefense.com has its principal
office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr.
Tesh represents clients charged with serious federal criminal
offenses before Federal Criminal Courts in Miami, Fort Lauderdale,
West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach,
Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts
throughout the United States of America.
Possible defenses to murder, homicide, murder, first degree, second
degree, Murder lawyer, Murder attorney, defenses to murder, self
defense lawyer, self defense attorney, palm beach florida murder
defense lawyer, homicide defense attorney, murder defense attorney,
innocent of murder need lawyer,
Federal crimes lawyer, federal criminal attorney, west palm beach
criminal lawyer, west palm beach criminal defense, fort lauderdale
federal lawyer, west palm beach, florida, fort pierce criminal
lawyer, federal criminal defense attorney, Miami federal criminal
lawyer, federal lawyer west palm beach, florida attorney, west palm
beach lawyer, attorney, federal appeals. If convicted, you have only
ten (10) days in Federal Court, as opposed to thirty (30) days in
Florida, to file a notice of appeal. If you want to appeal a
conviction, you must contact
a Federal criminal appeals attorney immediately as time is of the
essence.
|
