There are various defenses that you may use when you have been criminally charged with a violent crime in Florida. The criminal defense attorneys at The Alers Law Firm will review your case and help you determine the best path forward for you.
You may have been entirely justified in your actions under Florida law. The state has an expansive law that allows you to use force (and sometimes, deadly force) in many situations. Do not try to deal with criminal charges on your own – call an experienced criminal defense lawyer at The Alers Law Firm to represent you. We bring a commonsense but aggressive approach to defending our clients when they find themselves in the criminal justice system.
Florida Has a Broad Self-Defense Law
The topic of “stand your ground” laws has been in the national news an increasing amount in the past decade in the wake of several high-profile incidents. That is also the case in Florida, where the state has a stand your ground law that has been in focus, as defendants have claimed that they were acting in self-defense. You are allowed to use deadly force in certain situations.
Many states have a law that allows people to use force to defend their homes. Florida law expands upon this right, allowing you to use this force in other situations that occur outside the home. Although this law has proven to be controversial in practice, it provides you with a valid defense when you have been charged with a violent crime. In addition, the Florida law takes things one step further than traditional self-defense laws in that the statute shifts the burden to the prosecutor to prove that your defense does not apply.
When Can I Use Force in Florida?
According to the Florida law, you may use force when the following circumstances apply:
- When you reasonably believe that such conduct is necessary to defend yourself against the other’s imminent use of unlawful force
- You can use deadly force against another when you reasonably believe that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to yourself or another or to prevent the imminent commission of a forcible felony.”
The most crucial aspect of Florida’s stand your ground law is that you do not have a duty to retreat. It says so explicitly in the law. You can fight back if you feel threatened without having to go to lengths to try to physically escape the situation. You also do not have to use other reasonable means to defend yourself before you are allowed to use deadly force. In addition, you can even act with deadly force to protect someone else. For example, if you see a sexual assault in progress, you can use deadly force to protect the victim, which can even include firing on the assailant.
You Have a Broad Right to Claim a “Stand Your Ground” Defense
Although Florida law gives you a broad right to defend yourself, it is not an unlimited right. You may face criminal charges for your conduct, and you would need to justify your actions. In other words, you would admit to using deadly force, but you would claim that it was justified by the circumstances. You may even be able to avoid having to go to trial entirely because you could assert the defense at a pre-trial hearing. If you are successful, the judge may dismiss the charges against you.
Once you raise that self-defense applies, the prosecutor would essentially have to prove you wrong. As the defendant, you need to clear the bar of showing that there is evidence of self-defense, and then the burden shifts to the prosecutor to disprove your claim. The prosecution even has the relatively high burden of showing that there is clear and convincing evidence that you were not acting in self-defense. Although this burden of proof is lower than the beyond a reasonable doubt standard, it is definitely higher than the preponderance of the evidence standard.
Ultimately, your case will come down to what you may have reasonably believed at the time based on the facts and circumstances. Just because you may have perceived something at the time does not automatically mean that it was reasonable. A criminal defense attorney would need to tell your story and make an argument as to why you were right to use deadly force under the circumstances. Your criminal defense lawyer may help you reconstruct the situation, so you can explain why you believed you needed to use force based on what you were seeing and experiencing at the time. The alternative is that you could face serious criminal charges, including homicide.
Contact a Florida Criminal Defense Attorney
Call the Alers Law Firm when you need a bold and pragmatic criminal defense law firm to fight for your legal rights. You can schedule a free initial consultation by calling us today at 407-930-4888. Getting legal help can increase your peace of mind when you are facing the criminal justice system.
