Violent crimes in Florida can have severe consequences, but what if the individual is acting in self-defense against a domestic violence incident?
Particularly in domestic violence cases, acting in self-defense may be allowed under Florida law depending on the circumstances. The discourse around domestic abuse has changed in recent years, but what are your options if you act in self-defense during a domestic dispute?
Fletcher & Fletcher, a husband and wife criminal defense team based in St. Petersburg, is here to help you navigate the complicated legal proceedings that may follow a self-defense incident. No matter where in Florida you are located, we are available to inform you of your choices and guide you through the process.
What is Self-Defense?
According to Florida law 776.012, self-defense is the justified use or threat of use of violence to protect yourself from harm against another person. Generally, self-defense must fit the following criteria:
- The individual believes that the use of force is necessary to defend themselves against another’s unlawful use of force
- If deadly force is used or threatened, the individual must have a reasonable belief that their conduct is necessary to prevent great bodily harm or imminent death
- The individual does not have to retreat in order to use this force and is allowed to stand their ground
Since Florida is a “stand your ground” state, individuals are allowed to use force and do not have to retreat as long as they are in a place where they have a right to be.
How is Domestic Violence Defined in Florida?
There are several statutes that relate to domestic violence in Florida. It is generally defined as intentional acts that result in physical harm to a family or household member. Some of these acts include:
- Aggravated assault
- Sexual assault/battery
- Stalking
- Kidnapping
- False imprisonment
Members of the household can include spouses/former spouses, family members related by blood or marriage, people who are currently or have previously resided as a family, and people who share children whether or not they were ever married.
There are several different ways that domestic violence can be proven in a court of law. Some of the documents and materials a lawyer may bring to court include:
- Medical reports or other documentation provided by the victim
- Cell phone records of phone calls, text messages, or other communications with the victim
- Photo or video evidence of any injuries
- Statements from individuals who witnesses the assault
Arguing Self-Defense for a Domestic Violence Dispute in Florida
If you used self-defense to protect yourself from a domestic violence incident, your first course of action should be to contact an experienced self-defense lawyer to discuss your options. It’s important to know your rights in cases like this so that justice is served and all relevant evidence is provided to law enforcement.
Arguing self-defense in a domestic violence case in Florida involves a nuanced legal process where the defendant must demonstrate that their actions were necessary to protect themselves from imminent harm. This requires presenting evidence that supports the perception of threat, such as witness testimony, medical records documenting injuries, or any other relevant documentation. The defense will need to effectively counter the prosecution’s narrative by showing that the use of force was proportional and justifiable under the circumstances.
When preparing for a self-defense argument, it is crucial to anticipate the prosecution’s tactics, which often include questioning the credibility of the defendant’s claim and attempting to portray the incident as mutual combat or an act of retaliation.
An experienced defense attorney can help with all these aspects of your case. With the right legal strategy and evidence, successfully arguing self-defense can result in an acquittal or a significant reduction in charges.
Contact Fletcher & Fletcher Defense Attorneys
Fletcher & Fletcher have been assisting individuals with criminal defense cases in the St. Petersburg area for years. Rick and Jenna Fletcher have dedicated their careers to criminal defense and know the inner workings of the legal system. Fletcher & Fletcher are dedicated to helping you make an informed decision all while treating you with respect and doing everything we can to support you through the legal process.
Reach out to us today to learn how we can help you!
