Florida is a jurisdiction noted for its liberal self-defense laws. That being said, people who exercise lawful self-defense in order to protect themselves or others from imminent bodily harm or the threat of imminent bodily harm are immune from prosecution.
Florida's Stand Your Ground law permits you to "meet force with force" should you be attacked or have a reasonable fear that somebody is about to attack you.
Threatening words by another are typically not enough. However, words coupled with action (attacker walking toward you in an aggressive manner) may warrant the use of force.
For purposes of this blog entry, I will discuss self-defense and how it applies to the crime of
battery. Battery is a first-degree
misdemeanor punishable by a maximum of 364 days in county jail.
Battery is defined as the touching or striking or another without the other person's consent. If the other person consented to the touching (say the other person engages or wishes to engage in a fist fight) then you would have the defense of
mutual combatants.
If the other person does not consent to the touching or striking, then you can be arrested for battery. However, lawful self-defense is a complete defense (and sometimes bar to prosecution) under Stand Your Ground.
I get phone calls all the time from people who find themselves in non-domestic battery situations. Miami, Florida, is notorious for road rage. Sometimes, giving an aggressive driver the finger is enough to find yourself in a self-defense situation.
Cars are an extension of ourselves. And many macho idiots out there take driving personally. If you cut someone off or do something to which another driver takes offense, you may find yourself followed and confronted in a parking lot.
I use this situation as an example, but the factual scenario applies elsewhere. For instance, this hypothetical aggressive driver gets out of his car, fuming mad, and aggressively charges toward your car.
Now, the logical (and much safer) thing to do is to lock your doors and dial 911 immediately, or quite simply, drive away. But Florida law does not require you to retreat when met with force. If confronted, you may get out of your car and use lawful self-defense.
In an unarmed situation, you can't use a weapon unless a weapon is necessary to protect you from death or great bodily harm. If the attacker is a 6'5, 300 pound man, and the victim is a 5'5, 110 pound woman, then that woman can and should use a weapon because the probability of this attacker causing death or great bodily harm.
You may only escalate the force (that is, take a hand-to-hand situation to a hand-to-weapon situation) only if you reasonably believe that such force is necessary to save your life. If the attacker is of equal size but turns out to be a trained martial artist, you may have to rely on the use of a weapon because there is a reasonable fear that this attacker's skill advantage may result in your death.
But for the purposes of an ordinary battery, you may meet non-lethal force with non-lethal force if confronted. A confrontation does not mean hurling insults at each other. If someone insults you and you punch them, you will be arrested and prosecuted for battery without a valid claim of self-defense.
If somebody insults you, however, and at the same time, charges toward you in an aggressive manner, you have no duty to run away. You have a statutory right to stand your ground (hence the name of the law) and defend yourself with non-lethal force.
Now onto the unfair part...
This may not prevent your arrest. Most battery arrests occur when somebody calls the cops either during or after the scuffle. The cops will arrive, take statements, check out the involved parties for signs of injury, and then make an arrest. And yes, lots of times the initial victim is the one arrested.
So what do you do?
Well, if you're reading this you're already headed in the right direction. A good
criminal defense attorney can help devise a self-defense scheme that may result in the dismissal of your charges, or a not guilty verdict at
trial.
For purposes of a motion to dismiss under Florida's Stand Your Ground law, there must be no question of fact that the attacker made the first aggressive move. If it is a case of one person's word over another's, then a sworn motion to dismiss will not prevail. Only if the evidence shows that the accused was defending him or herself will this motion likely prevail.
For purposes of trial, however, it comes down to a question of fact. Simply put, does the jury believe that the accused was using self-defense when he or she struck the alleged "victim."
I like to gather statements from independent witnesses. I also like to subpoena surveillance video, which may exist if the fight happened in a parking lot, gas station, a bar or club).
This evidence will show how the fight occurred. If the evidence supports the claim of self-defense, then the charges should be dropped. If not dropped, the evidence will support a strong claim of self-defense at trial.
Life is hard enough without having to deal with aggressive people. But the economy is failing, people are stressed out, and life moves at a breakneck pace. To say the least, a lot of people walk around in an agitated state.
Sometimes, the littliest thing can set someone off. And while I always advocate being kind and turning the other cheek, you may find yourself in a situation that you cannot get out of without using self-defense.
Self-defense is a basic human right. It exists in nature. It also exists in civilized society. You are allowed to protect your life. I advise that if need be, you do it. And if you get arrested, I am here to help.
If you have a pending battery case, please
call my office so that we may explore possible self-defense claims.