A confrontation can escalate quickly. What begins as an argument may result in threats, physical contact, or criminal accusations.
If you have been charged with assault or battery in Orlando, you may wonder whether acting in self-defense can protect you from criminal liability.
Florida law recognizes the right to defend yourself under certain circumstances, but the application of that right depends heavily on the facts.
Understanding Assault and Battery Charges
Although the terms are frequently used together, assault and battery are separate offenses under Florida law.
Assault generally involves an intentional, unlawful threat of violence, coupled with an apparent ability to carry it out, that creates a well-founded fear of imminent violence.
Battery generally involves intentionally touching or striking another person against their will, or intentionally causing bodily harm.
Because these offenses have different legal elements, the available defenses may also differ.
When Is Self-Defense Justified?
Florida law permits the use of certain levels of force when a person reasonably believes that force is necessary to defend against another person's imminent unlawful use of force.
However, the amount of force used matters.
The legal standards for nondeadly force differ from those governing deadly force. Deadly force generally requires a reasonable belief that it is necessary to prevent imminent death, great bodily harm, or the imminent commission of a forcible felony.
What Evidence Can Support a Self-Defense Claim?
A defense attorney may examine:
- Surveillance or cellphone footage
- Witness statements
- Injuries sustained by the parties
- Communications before the confrontation
- Whether someone attempted to retreat or disengage
- The sequence of events leading to the incident
The credibility and consistency of the available evidence can play an important role in determining whether self-defense applies.
Does Florida's Stand Your Ground Law Apply?
Florida's Stand Your Ground provisions may eliminate a duty to retreat in certain circumstances when a person is lawfully present and meets the applicable statutory requirements.
However, the law does not provide blanket immunity for every use of force. Limitations and exceptions may apply, including circumstances involving an initial aggressor.
Speak With an Orlando Criminal Defense Attorney
Assault and battery allegations can have significant consequences, particularly when the incident involves serious injuries or aggravating factors.
Mazin Law represents individuals facing violent crime allegations in Orlando and can evaluate whether self-defense or another legal strategy may apply.
Contact Mazin Law to discuss your circumstances and legal options.