Can I Claim Self-Defense If I Hit Someone First?
By Jonathan Blecher on July 30, 2024
Self-defense is a legal defense used in criminal cases where the defendant argues that their actions were necessary to protect themselves from imminent harm. In Florida, self-defense laws are particularly robust due to the “Stand Your Ground” statute, which allows individuals to use force, including deadly force, without the duty to retreat if they believe it is necessary to prevent death or great bodily harm.
Legal Definition and Framework
Florida’s self-defense laws hitting first are encapsulated in Florida Statutes Chapter 776. The law allows individuals to use force when they reasonably believe it is necessary to defend themselves against another’s imminent use of unlawful force. This includes the use of deadly force if the individual reasonably believes it is necessary to prevent imminent death or great bodily harm. If you are facing assault and battery charges, get legal representation from an experienced lawyer for criminal defense cases in Miami.
‘Preemptive’ Self-Defense: Can You Claim Self-Defense When You Hit Someone First?
‘Preemptive’ self-defense refers to the act of striking first in anticipation of an imminent attack. In Florida, claiming self-defense when you hit someone first can be complex. The key element is whether there was a reasonable belief of imminent danger. For instance, if someone threatens you with a weapon or makes a move that you reasonably interpret as an immediate threat to your safety, striking first could be considered self-defense.
Example Case Scenarios
Scenario 1
You are in a parking lot and someone aggressively approaches you, shouting threats and brandishing a knife. Believing they are about to stab you, you strike first to disarm them. In this case, you may have a valid self-defense claim because the threat was imminent and credible.
Scenario 2
During a heated argument, someone raises their fist and moves towards you rapidly. Fearing an immediate attack, you punch them first to protect yourself. If the circumstances show that a reasonable person would have believed they were in imminent danger, this could also be considered self-defense.
Scenario 3
In a bar, someone makes a vague threat but does not physically advance towards you. Striking them preemptively in this situation would likely not be justified, as the threat was not immediate or clear.
Burden of Proof in Preemptive Self-Defense Claims
When claiming self-defense, the burden of proof lies initially with the defense to present a prima facie case that their actions were justified. This involves demonstrating that there was a reasonable belief of imminent danger. Once this is established, the burden shifts to the prosecution to prove beyond a reasonable doubt that the defendant’s belief was not reasonable or that the force used was excessive.
Steps to Take if You Face this Situation
- Ensure Safety: Immediately move to a safe location and ensure there is no ongoing threat.
- Call 911: Report the incident to law enforcement as soon as possible. Provide a clear and concise account of what happened.
- Gather Evidence: Collect any evidence that supports your claim of self-defense, such as witness statements, video footage, or photographs of the scene.
- Seek Legal Counsel: Contact an experienced criminal defense attorney who can build a strong defense to fight your criminal charges.
- Do Not Make Statements: Avoid making statements to the police or anyone else without your attorney present. Anything you say can be used against you.
How Your Miami Criminal Defense Lawyer Will Defend Your Pre-emptive Self-Defense Claims
If you are the person claiming self-defense after striking someone first, your criminal defense lawyer in Miami will need to present a compelling case to demonstrate that your actions were legally justified.
Evidence
Eyewitness Testimonies: Witnesses who observed the incident can provide crucial accounts that support your version of events. They can testify about the aggressor’s behavior, threats, and actions leading up to the incident.
Surveillance Footage: Video recordings from security cameras or bystanders can visually corroborate your claim of imminent danger. Footage showing the aggressor’s threatening actions or gestures can be particularly compelling.
Physical Evidence: Items such as weapons or objects used by the aggressor to threaten you can be presented as evidence. Additionally, any injuries you sustained can help demonstrate the level of threat you faced.
Medical Records: Medical documentation of your injuries can support your claim of being under threat. This includes any immediate treatment you received for injuries resulting from the altercation.
911 Call Recordings: Recordings of calls made to emergency services can provide real-time evidence of the threat and your immediate response to it. These calls often capture the urgency and fear in your voice, reinforcing your claim of imminent danger.
Character Witnesses: Testimonies from individuals who know you well can help establish your non-violent nature and support your claim that you acted out of necessity rather than aggression.
Arguments
Imminent Threat: Your lawyer will argue that you had a reasonable belief that you were in imminent danger of harm. This involves demonstrating that the aggressor’s actions were immediate and posed a significant threat to your safety.
Reasonable Force: The defense will assert that your response was proportional to the threat faced. This means that striking first was necessary to prevent harm to yourself, and your actions were a reasonable and necessary response to the perceived threat.
No Duty to Retreat: Under Florida’s “Stand Your Ground” law, there is no duty to retreat if you are lawfully present and reasonably believe that using force is necessary to prevent harm. Your lawyer will highlight this statute to strengthen your defense.
Aggressor’s Intent: Your lawyer will focus on the aggressor’s intent and actions, portraying them as the initiator of the confrontation. Evidence of the aggressor’s threats, hostile behavior, or previous violent actions can bolster this argument.
Fear for Life or Safety: The defense will emphasize your genuine fear for your life or safety at the time of the incident. This involves portraying the psychological impact of the aggressor’s actions on you and explaining how it influenced your decision to strike first.
Our Top-Rated Miami Criminal Defense Attorney is Ready to Defend You
When you hire Jonathan Blecher, P.A., you secure over 40 years of dedicated defense experience and personal attention for your case. With a proven track record of defending over 5,000 criminal cases, Jonathan can provide you the strategic and insightful defense you need. Jonathan’s background as a former prosecutor also helps him anticipate the State’s tactics and exploit their weaknesses, often achieving case dismissals or favorable plea arrangements before trial. To schedule your free consultation, call us at 786-882-0410 or contact us online.
