Under Florida law, the use of force is acceptable in certain circumstances. As such, a person charged with a crime involving the use of deadly force may be able to argue that the actions out of which the charges arose were justifiable self-defense. Self-defense is not justified if a person was committing or trying to commit a forceable felony when the act occurred, however. In a recent Florida case, a court issued an opinion discussing what forcible felonies preclude a defendant from arguing he acted in self-defense, in a case where the court ultimately affirmed the defendant’s convictions for third-degree murder and other offenses. If you are accused of a violent crime, it is smart to speak to a skilled Clearwater violent crime defense lawyer regarding your rights.
The Facts of the Case
It is alleged that the state charged the defendant with numerous offenses after he shot a man who threatened his friend on social media. The man ultimately died as a result of his wounds. Following a trial, a jury convicted the defendant of third-degree murder with a weapon, grand theft of an automobile, and two counts of false imprisonment with a gun. The defendant appealed, arguing in part that the trial court gave an improper jury instruction regarding the justifiable use of force and that the homicide was self-defense. The appellate court rejected his assertions and affirmed his convictions.
Self-Defense in the Context of Forcible Felonies
On appeal, the defendant argued that the trial court made a fundamental error by instructing the jury regarding the justifiable use of deadly force where there was no independent forcible felony and that in doing so, the trial court prevented the jury from accepting his self-defense argument. The forcible felony instruction provided stated that deadly use of force is not permitted if the defendant was attempting to commit or committing numerous crimes, including third-degree murder.