Self-Defense As Domestic Violence Defense
Domestic violence is not a crime in Florida itself; rather, it is an umbrella term that encompasses any crime “resulting in physical injury or death” to the victim. Thus, the actual sentence that a person might face on being convicted of a ‘crime of domestic violence’ will vary depending on what the actual crime was. Regardless, it is often possible to assert what are called affirmative defenses in this type of case, with self-defense being one of the most common.
Proportional Force
Florida law recognizes what is known as “stand your ground” (SYG) laws, though they are often misinterpreted. The SYG law permits the use of self-defense against a person who is using force against you – but the force must be proportional, and it must actually be in reaction to reasonable fear of force being used against you. A person cannot simply use force against someone who is not primed to use any kind of force against you.
Even if you do have a reasonable fear of becoming a future victim of domestic violence, you must remember that the force used must be proportional. One cannot use deadly force unless there is an imminent fear of serious injury or death – but you are entitled to use non-deadly force if the situation warrants it. Admittedly, it can be difficult to judge in the heat of the moment, but it is important to know that deadly force must not be a person’s immediate choice – and if you demonstrably invite or provoke the attack, you may not argue self-defense as a mitigating factor.
Be Aware Of The Details
The major component of a self-defense claim is a reasonable fear that force will be used against you. While the word “reasonable” may have different meanings for different people, the legal system essentially parses the issue as ‘whether a reasonable person would be afraid or not. So, if you used non-deadly force when the average, reasonable person would do the same, the court will count it as a point in your favor.
One thing to also keep in mind is that while the SYG law is often cited as establishing ‘no duty to retreat’ from this kind of confrontation – but in order to establish that you acted in self-defense, you must retreat if at all possible, or at least try. Looking for a fight is not acting in a defensive manner – but fighting if you have no choice is a different issue.
Contact A West Palm Beach Domestic Violence Attorney
It is not uncommon for a domestic violence defendant to assert a claim of self-defense, but in order for it to succeed, it must meet all the relevant criteria as well as ensuring that no affirmative attack took place. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help guide you through the legal process and ensure your rights are protected. Call our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html
