What You Need to Know About Claiming Self-Defense in Florida Part 2

In this two-part article, an aggravated assault attorney in Tampa is discussing the complexities of self-defense laws in Florida. In the first part, we provided an overview of self-defense and explained what elements must be present for a person to legally protect themselves from harm. In this part, we will explore this topic further and provide a few examples of the gray areas of this law and how an attorney can be of assistance.

Non-Deadly and Deadly Force

In Florida, a citizen has a right to use non-deadly or deadly force if they are in imminent danger, the threat is real, and they must use force to protect themselves from harm. As a “stand your ground” state, a person that is threatened in Florida doesn’t necessarily have to retreat in order to use this force. However, in many self-defense cases, there is no option for the person to retreat and they must defend themselves from harm. Depending on the circumstances of your case, an experienced aggravated assault lawyer in Tampa can evaluate the facts and determine whether or not there was a justifiable use of force.  

Examples of Self-Defense

Here are a few examples in which a person can use reasonable force as a countermeasure.

• Assault Cases: If you are confronted in a parking lot by a person that is screaming threats and lunges towards you, you would be in your legal right to defend yourself. For example, if you struck the assailant or left them temporarily incapacitated and then ran to safety, this is considered a reasonable use of force considering the circumstances.  

• Armed Robbery: If you work as a clerk in a gas station and an armed robber enters the store and points a gun at you, threatens you, and demands that you hand over the cash in the register, you would be in your legal right to defend yourself if you were armed.

• Home Intruder: Similarly, if you are asleep in your home and an intruder enters the premises, you would be in your legal right to “stand your ground” and defend yourself.

• Defending Others: In many self-defense cases, a person’s rights under these laws extend to other potential victims that are in harm’s way. For example, if a citizen was witnessing an armed robbery, an assault or battery, or another serious crime, they would have a right to assist this person and stop the crime from being committed.  

Although these are all relatively straightforward examples of self-defense cases, in many cases, self-defense can vary greatly by a few small details that occurred in an incident. Whether it’s debating who provoked the incident, how the incident escalated, whether or not the person “defending themselves” experienced a reasonable level of fear or used reasonable force, an attorney can analyze the details of a case and determine whether or not self-defense was permitted.

At The Rickman Law Firm, a knowledgeable defense attorney can help an accused party obtain relevant evidence related to their case and can present this evidence during their trial. If you are seeking accurate legal counsel and aggressive defense, take action today by consulting an experienced defense attorney.

For a free consultation with an aggravated assault lawyer in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.