Defenses to Violent Crimes
-Self Defense

 

He hit me first! I was just defending myself! Often, the best defense to a violent charge is self-defense. The essence of self-defense is someone hit you first, or you thought they were going to immediately hit you and you hit 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. 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 law is an excellent tool for criminal defense lawyers who defend violent crimes. 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.

 

If you are facing violent crime charges and need a Florida violent crime attorney, call me