Self-defense is a form of affirmative defense used in Florida to prevent the legal consequences of violent conduct that would otherwise be illegal. A self-defense argument under Florida criminal law admits that violent conduct occurred. But it defends it because it was arguably required to stop someone else from using unlawful force.
Use of Non-deadly Force
According to Florida Statutes Section 776.012, a person is justified in using non-deadly force in self-defense if they have a good faith belief that doing so is required to protect themselves or another against the impending use of unlawful force by that person. There is no obligation to flee. According to Section 776.013 of the Florida Statutes, the law will presume that the defendant reasonably feared impending death or physical harm if the alleged victim forcibly entered, stayed inside, or tried to eject someone else against their will if the defendant is in their home or vehicle.
Use of Deadly Force
Florida has two main statutes define when using deadly force is appropriate to prevent criminal culpability. According to Florida’s “Stand Your Ground” Law, Section 776.012, a person is allowed to use deadly force without having to retreat if they have a reasonable belief that doing so is necessary to stop a forcible felony from being committed, prevent imminent death or great bodily harm to themselves or another person, or both. A person is also justified in using lethal force under Florida Statutes Section 782.02 if they resist an attempt to kill them or to commit a crime against them, as well as against them, as well as against them, or in the home where they are located.
Evidence Required to Raise a Self-Defense Under Florida Criminal Law
The defendant has a right to self-defense in Florida if the evidence supports the claim. This is a common criterion; thus, a little proof will be adequate, even if self-defense is incredibly tenuous or unlikely. The State’s evidence may even be used to infer self-defense without the defendant or a defense witness ever taking the stand.
Lastly, a jury will consider what a reasonable person would have done in the given circumstances at the time of the incident to justify using deadly or non-deadly force.
