In cases of assault and battery, defendants often claim they were acting
out of self-defense. While whether a court buys your story depends largely
on the argument of your trusted legal counsel, some circumstantial clues
may help you determine whether your actions may be considered self-defense
Was the Amount of Force Used Reasonable?
When trying to determine whether you were acting out of self-defense, the
court will evaluate the level of force you used and whether or not it
was appropriate given the circumstances. For example, if someone bumps
into you on the sidewalk and you knock them out cold, you will likely
not be able to convince a judge that you acted out of self-defense. However,
if someone is moving toward you with their fist raised and you push them
to the ground, this is more likely to be considered self-defense.
If you can prove that you had reason to believe you were in immediate physical
danger because of another person, your actions against them are more likely
to be considered self-defense.
It is also important to note that havingreason to believe you were in physical danger does not give you a blank
check to exert as much violent force as you wish. If someone tries to throw a punch and you defend yourself by breaking
their neck, the court will likely view you as an assailant because you
used disproportionate force.
Florida’s “Stand Your Ground” Laws
Under Florida Statutes, Section 776.012, Florida’s “Stand Your
Ground” law maintains that deadly force is justified if you believe
you are in immediate danger of death, serious physical harm, or another
violent felony crime. This requires that the person exercising deadly
force out of self-defense be located in a place where they are legally
permitted to be, which means you cannot legally behave in the same defensive
manner if you are trespassing or engaged in other unlawful activity.
Defend Assault Charges by Claiming Self-Defense
There are a variety of other bases for claiming self-defense when you are
being accused of assault. While it may be apparent to you that you were
in immediate danger and acted out of self-defense, proving self-defense
in court requires knowledgeable legal representation and a skilled team
of criminal defense attorneys.
Consult with a Jacksonville Criminal Defense Lawyer Today
At Owenby Law, P.A., we have served a multitude of clients who were once
in your shoes. Let us help you defend yourself in court and work together
to achieve the best outcome in your case. We offer complimentary consultations
and are prepared to discuss the details of your case with you right away.
Call (904) 770-3141 today or
contact us to schedule your free case evaluation.