Florida Defense Attorney Giving You the Representation You Need for Self-Defense Cases

Florida recognizes your right to protect yourself and your loved ones from harm. This is a reason Florida is a Stand Your Ground state. In many states, if you or a loved one are threatened, self-defense is considered a last resort. The law requires you to flee or seek alternate action before taking measures to protect yourself. In a Stand Your Ground state such as Florida, this is not the case. Florida allows you to use force to protect yourself and loved ones as a first-line of defense against threats.

The ability to use force against another individual in Florida is not unlimited. There is a line between self-defense and assault. Sometimes, this line can become blurred. Law enforcement officials may not always recognize a case of self-defense. Under these circumstances, it’s possible to be arrested for protecting yourself or others. If this happens, it’s important to know your rights and the proper steps to take.

What is Self-Defense in Florida?

Self-defense is the use of force to protect yourself or others from harm. Self-defense is defined under Florida Statute Title XLVI 776.012. It states:

•       The Use of Force is Justified to Protect Yourself or Others Against Use of Unlawful Force
•       The Use of Deadly Force is Justified to Protect Yourself or Others Against Death, Bodily Harm, or to Prevent the Commission of a Forcible Felony
•       You Must Have a Reasonable Belief the Other Person Intends to Cause Harm
•       You Are Not Required to Retreat
•       You Must Not Be Engaged in a Criminal Activity at the Time

The law distinguishes between force and deadly force. Both are protected under self-defense laws. Force is any action used to protect yourself involving harm or potential harm to another individual. Deadly force is any action used to protect yourself which could potentially result in the death of the person against whom you are defending yourself.

The situations under which you are allowed to use force or deadly force are different. In order to use deadly force, you must believe you or the person you are protecting is about to suffer a serious injury or death. You may also use deadly force if you believe the other person is about to commit a violent crime. The standard for use of force is lower. In order to use force against another person you must only believe they are about to use force against you.  

Florida uses the reasonable belief standard. This means an average person would believe they were in danger. This can make defending yourself in court easier than in places with higher standards. If you can convince a judge or jury that an average person would have also feared for their safety, you have a better chance at proving self-defense.

What is Not Considered Self-Defense in Florida?

Florida allows for the use of force to protect yourself in many situations. This does not mean that every claim of self-defense is valid. Self-defense is not a valid claim if:

•       You Provoked the Other Person
•       You Were Committing a Crime at the Time
•       You Were Trespassing on Another Person’s Property
•       You Were Inside Another Person’s Vehicle
•       There Was No Threat to Your or Another Person’s Safety

If you said or did anything to provoke the other person and cause them to act in a way that made you fear for your safety, you may not be able to argue self-defense. The same is true if you were committing a crime at the time, or if you were trespassing.

A lawyer or law enforcement officer may also argue there was no actual threat to your safety. They may claim a reasonable person would not have believed they or another person was in danger and they believe you acted recklessly. This may make claims of self-defense difficult to prove. You may have felt genuine fear for your safety, but a law enforcement officer might claim there was no actual threat. If this is the case, you could find yourself facing assault charges. This could lead to a fine, jail time, or imprisonment.

How do I Prove Self-Defense in Florida?

Corroborating evidence is key in proving self-defense. Corroboration means confirmation. Corroborating evidence is anything that supports your side of the story and helps prove your reasonable fear of harm. Corroborating evidence can include but is not limited to:

•       Eyewitness Statements
•       Security Camera Footage
•       Bystander Footage
•       Police Reports
•       Medical Records

Witnesses can confirm the other person was acting or behaving in a manner that would have caused you to fear for your safety. Security camera footage or footage from bystanders’ cell phones could demonstrate the other person posed a reasonable threat. If the other person had a history of engaging in behavior you found threatening and you reported it to the police, this could also be used to establish your reasonable fear of them. If the other person assaulted you, medical records could demonstrate defensive wounds.

These are only a few pieces of evidence that could be introduced in court. Remember, the key is proving to a judge or a jury that a reasonable person would have feared for their safety. If the incident happened in your home or vehicle, it may be easier to prove claims of self-defense.

What Should I Do if I’m Charged with Assault for Defending Myself in Florida?

Many people think self-defense cases are easy to prove. This is not always the case. An overzealous law-enforcement officer may not believe your story. A prosecuting attorney might want to “make an example” of someone they believe went too far in self-defense. There are many factors that could turn what you think is a simple self-defense case into a possible criminal sentence. This is why it’s important to retain an attorney.

If you or a loved one have been charged with assault for practicing self-defense, don’t hesitate to contact DeMichael Law. Andrea DeMichael takes all of her cases seriously and personally. When clients call her office, she answers the phone, not an assistant or paralegal. Andrea DeMichael listens to every client’s concerns and the details of their case and helps craft a specialized defense. She has a success rate of getting 40% of all her clients’ cases dismissed without even having to go to trial, a rate higher than the national average. Many of her clients never even see the inside of a courtroom.

Everyone has the right to protect themselves, both from physical harm and inaccurate criminal charges. If you or a loved one are being charged with assault for practicing self-defense, don’t hesitate to contact Andrea DeMichael at 863-216-1831.