What Evidence is Required to Raise a Self-Defense Claim in Florida?
The defendant is entitled to a jury instruction on self-defense in Florida when there is any evidence to support the claim. This is a low standard and even a “scintilla” of evidence will be sufficient, even if the self-defense theory is extremely weak or improbable. Self-defense may even be inferred from the State’s evidence without the Defendant or a defense witness ever taking the stand.
Where there is no evidence of self-defense, the jury will not be given a self-defense instruction and the defendant will be limited in closing argument to challenging the State’s evidence and denying that the incident took place (assuming no other defenses were raised). Thus, if a Defendant testifies during trial, and states that he acted out of anger after the alleged victim walked away, he or she would not likely be entitled to a self-defense instruction. Florida courts have also denied self-defense instructions where the claim of self-defense is inconsistent with the defense theory of the case, such as where an alibi defense is raised.
There are other circumstances that may cause the denial of a self-defense instruction under Florida law. Under Section 776.041, Florida Statutes, self-defense is not available to a person who is attempting to commit, committing, or escaping after the commission of a forcible felony. Section 776.08, Florida Statutes, defines “forcible felony” to include treason, murder, manslaughter, sexual battery, carjacking, home invasion robbery, burglary, robbery, arson, kidnapping, aggravated battery, aggravated assault,
stalking,
use of bombs, aircraft piracy, and any other felony that involves the use or threat of physical force or violence against any individual.
In addition to the exception for forcible felonies, self-defense is not available where the evidence establishes that the defendant initially provoked violence against himself.
See Section 776.041, Florida Statutes. To claim self-defense in this scenario, the accused must present sufficient evidence that the force used by the alleged victim was so great that the accused reasonably believed that he or she was in imminent danger of death or great bodily harm and that he or she had 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.
Alternatively, the person who provokes the initial attack may nonetheless claim self-defense if: (1) in good faith, he or she withdrew from physical contact, (2) clearly indicated to the other person that he or she desired to withdraw and terminate the use of force, and (3) despite the communication and withdrawal, the other person continued or resumed the use of force.
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