General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAs a former Floridian I still can't get past Florida's crazy self defense laws
I understand the concept of self defense and that the self defense laws of all fifty states are roughly the same but they are not similar. A unique aspect of Florida's self defense law is that the aggressor can claim self defense even if he starts to lose a fight he or she started. In Florida person can follow somebody, hit him with his best shot, get in a fight, and if he starts losing the fight, and fears he is in danger of great bodily harm or death can shoot the person he started the fight with.
Here's the relevant statute:
The justification described in the preceding sections of this chapter is not available to a person who:
(1)?Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2)?Initially provokes the use of force against himself or herself, unless:
(a)?Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b)?In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
Arkansas Granny
(31,532 posts)then shoot the unarmed person because they were "afraid". If I ever wanted to kill someone, I'd take them on a vacation to Florida.
DemocratSinceBirth
(99,714 posts)I get it. You don't have an obligation to get beat to death or beat up badly even if you started the fight. But if you get yourself into such an intense fight that you started and you have to kill the person you started the fight with you're going to the hoosegow.