When Can Self-Defense Claims Fail in a Florida Manslaughter Case?

Florida law has always provided residents the right to defend themselves and others against imminent harm. This is known as self-defense. In 2005, the state’s “Stand Your Ground” law expanded those protections, allowing people to use force, including deadly force, without being legally obligated to retreat if they are justified to do so. If faced with criminal charges, correctly applying this self-defense law can lead to the charges being dropped. However, if specific legal thresholds are not met, defendants can face serious consequences, including conviction for manslaughter.

Whether you are facing charges or seeking to understand your rights so you can exercise them responsibly, it is crucial that you know when self-defense claims may not hold up in court. Keep reading!

Understanding Florida’s Self-Defense Laws

Florida’s self-defense laws are codified under Florida Statutes section 776.012. According to this statute, an individual is justified in using or threatening to use force, including deadly force, if they reasonably believe that doing so is necessary for preventing imminent death or great bodily harm. The statute goes ahead to state that someone who uses or threatens to use force, including deadly force, in accordance with the law is not legally obligated to retreat and has the right to stand their ground if they are somewhere they have the right to be and the individual using or threatening force is not engaged in criminal activity.

When Does Self-Defense Not Apply?

While Florida residents have broad protections when it comes to defending themselves, these protections are limited. There are many instances where courts may reject the self-defense argument. The following are some of the circumstances under which self-defense claims in Florida can fail;

• No Imminent Threat: You can only raise the self-defense argument if the danger was immediate. Force is not justified if the danger has passed or you merely anticipate it.
• Disproportionate Force: The law allows you to use force proportionate to the threat. For instance, using a gun against an unarmed person might not qualify as self-defense.
• Initial Aggressor: If you start or provoke a confrontation, you cannot claim self-defense.
• Unreasonable Belief: Can an average reasonable person hold the same belief under similar conditions? If not, the defense might not apply.

Real Case Example

A real case example of when a self-defense claim can fail in a Florida manslaughter case is the 2023 shooting involving a white woman, S.L., and her black neighbor, A.J.O. The white woman had long-standing disputes with her black neighbor over her children playing near her property. On the day of the shooting, S.L. reportedly yelled at the children and threw a roller skate at one of them. When A.J.O. went to S.L.’s front door to confront her, S.L. shot her through the closed door, killing her. S.L. told authorities that she feared for her life and just fired her gun because she believed she was in “mortal danger.” However, the court determined that S.L.’s fear was unreasonable. The court determined that there wasn’t a real risk that A.J.O. was trying to break into S.L.’s house and that the defendant had enough time to call the police. The judge presiding over the case found that the shooting was based more on anger than on fear. S.L. was convicted of manslaughter and sentenced to 25 years.

Contact an Orlando Manslaughter Lawyer

If you need help with your case or have questions, contact our skilled Orlando murder & manslaughter lawyers at Joshi Law Firm PA.

Source:

cbsnews.com/news/susan-lorincz-ajike-aj-owens-white-woman-shot-black-neighbor-manslaughter-sentencing-watch/