A Florida appeals court recently asked the state’s Supreme Court to answer a question that could have big implications for anyone who argues self-defense in a Florida criminal case. The issue concerns who bears the burden of proof in self-defense cases.
Defendant was charged with felony battery stemming from an incident with his girlfriend in a McDonald’s parking lot. The couple argued about who should drive to their next destination, according to the court. Defendant’s girlfriend said he punched her twice in the face after she refused to get in the car. Defendant, however, said he was the one who wouldn’t get in the vehicle. He said his girlfriend then threatened him with a gun. Defendant said he was shot in the arm in the ensuing scuffle.
At the time of the trial, Florida law put the burden on Defendant to prove self-defense. A trial judge said he didn’t meet that burden. Defendant later appealed the decision. While the appeal was pending, the state legislature updated the self-defense law. Under the amended version, the burden shifts to the prosecution to disprove self-defense once the person charged with the crime makes a facially sufficient self-defense claim. That threw the Second District for a loop.