Recently, a man in Florida was arrested after allegedly shooting his live-in girlfriend four times in the back. Upon arrest for first-degree murder, he told police his actions were in self-defense.
How likely is it that one can be successful in a claim of self-defense in Florida domestic violence cases?
As our Fort Lauderdale domestic violence defense lawyers can explain, it may be possible to successfully argue self-defense in a domestic violence case in Florida, but it will depend on the circumstances.
Domestic violence, as defined in F.S. 741.28, is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that results in physical injury or death of one family or household member by another family or household member. (Note: Family or household member can mean not just spouses, but former spouses, those related by blood or marriage, people who presently reside together as if a family or once resided together as a family, and people who have a child in common regardless of whether they’ve ever lived together before.)
What Do I Need to Argue Self-Defense?
To argue self-defense in a domestic violence case, you will need to show that you acted in reasonable self-defense or defense of others. This means that you believed you or someone else was in imminent danger of harm and that your response was proportionate to the threat. Continue reading