In most self-defense cases, the defendant will request and should receive an instruction on both deadly and non-deadly use of force for self-defense. Deadly force used for self-defense typically involves the use of a weapon, such as a baseball bat, a knife, or a firearm. On the other hand, non-deadly force for self-defense typically involves pushing, punching or striking another person.
The defendant must present some evidence supporting an affirmative defense before the Court is required to instruct the jury on the defense for affirmative defenses used during a jury trial. If the defendant presents sufficient evidence to warrant the instruction, then the jury is instructed on the defense.
The only type of scenario under Florida law that may qualify as deadly force as a matter of law is when a firearm is discharged or fired. For almost every other factual scenario, both the Florida deadly and non-deadly force self-defense instruction should be read to the jury. Contact me or go to The Law Office of Kurt Teifke to discuss defenses that may be available under Florida law for the particular facts and circumstances of your case.
Below are the Types of Criminal Defenses:
- Involuntary Intoxication
- Insanity
- Statute of Limitations
- Incompetent to Stand Trial
- Independent Act Criminal Defense Doctrine
- Voluntary Abandonment Criminal Defense
- Necessity or Duress Criminal Defense
- Advice of Counsel Criminal Defense
- Use of Non-deadly Force in Self-defense
- Defense of Others
- Defense of Property
- Use of Deadly Force in Self-defense
- Florida Entrapment Defense