Have you been arrested for battery in a case where you were defending yourself? Florida law provides people with a greater right to defend themselves from an attack than do most states. New York for example is a "duty to retreat" state where a person must essentially try to escape from an attacker before using force to defend themselves. Florida fortunately has no such requirement. In Florida, a person is entitled to use non-deadly force to defend themselves from someone who is attacking them. Florida law permits an individual to use deadly force if he or she reasonably believes that deadly force is necessary to prevent imminent death to themselves or to another person or to prevent the commission of a "forcible felony". (See FSS 776.012)
Quinn Law, PA provides aggressive criminal defense to those who were defending themselves or others and as a result has found themselves facing criminal charges. Antonio D. Quinn, Esq. will fight to ensure that justice prevails in your self-defense case.
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In domestic and in "ordinary fight" situations when police officers arrive on scene, it is often unclear as to exactly what took place before they arrived. More likely than not the different individuals who were involved in the incident are going to provide different accounts to the police regarding how the altercation began. The police will usually question independent witnesses if there are any but it can usually be difficult for the investigating officer to determine exactly what took place. As a result, police can often end up arresting the person who was not the aggressor but instead arrest the person who was defending themselves from attack. Antonio D. Quinn, Esq. aggressively fights for his clients who were defending themselves and were arrested as a result.
Self defense claims can arise is a variety of situations including those involving:
Under Florida law, you are permitted to use non-deadly force against another person if you have a reasonable belief that it is necessary to defend yourself against an unlawful use of force. In other words under the law, you are not required to tolerate being assaulted or battered. In Florida you can fight back.
Under Florida law, you are entitled to use deadly forceif it is necessary to defend yourself from murder or to prevent a violent felony from being committed.
What does "Stand Your Ground" mean?
The "Stand Your Ground" laws create an immunity from prosecution and not merely a defense. If a person claims immunity under "Stand Your Ground", then the court is required to hold an evidentiary hearing to determine if a preponderance of the evidence shows that the individual is entitled to immunity. Antonio Quinn provides legal representation for clients during all stages leading up to a client's "stand your ground" hearing and will fight to ensure that there is not a miscarriage of justice in your case.
Under the "Stand Your Ground" Act, a person is presumed to have the right to defend themselves with deadly force when the person against whom the deadly force was used was in the process of committing a burglary of the individual's residence or vehicle.
Stand Your Ground in Your Car
In Florida, a person is immune from prosecution when he uses force to defend themselves against a person who enters their vehicle unlawfully. The fact that the intruder is retreating does not prevent the individual from using force to defend themselves. Thus when an individual shoots and kills an attacker as they are retreating from the vehicle, the individual is still immune from prosecution.
Experienced and Aggressive Criminal Defense
If you are being charged with a crime and you believe that you may have a valid self defense or "Stand your Ground" defense claim, then it is essential that you speak with a knowledgeable and experienced criminal defense attorney as soon as possible. In many cases early intervention by a criminal defense attorney can prevent charges from being filed when they otherwise may have been. You need an attorney who will fight for your rights and continued liberty in court in the same manner that you fought to protect yourself from attack. Contact Quinn Law, P.A. today for an evaluation of your self defense case.