General Discussion
In reply to the discussion: If the gun shots are shown to be fired upward then the trial will be over. [View all]spin
(17,493 posts)if you have a reasonable fear that you are under attack or just about to be attacked by a person who intends to put you in the hospital for an extended stay or six feet under. That would mean that you had good reason to believe that your attacker was armed or had such a physical advantage in size or condition that you could not reasonably expect to stop his attack without serious injury. It might also apply if the attacker managed to take you to the ground and was continuing his attack and hitting or kicking you repeatedly or was choking you.
If you start the fight and refuse to break off than you can't claim self defense. If you start the fight and then back off and indicate that you are but you are still attacked in a lethal manner, then you can claim self defense.
Of course, a problem with any self defense case before or after "Stand Your Ground" passed is when one person is dead and there are no witnesses or very little evidence. Under the older law, a person could claim that he did try to retreat but was still attacked. Under the "Stand Your Ground" law, a person can claim that he didn't start the encounter or if he admits that he did, he can say that he attempted to leave before the fight turned violent.
Disclaimer: I am not a lawyer nor do I play one on TV or DU. The above is merely my opinion.
A good web page to gain a better understanding of self defense laws in Florida is Florida Law on Self-Defense : Use of Force at http://www.husseinandwebber.com/florida-law-self-defense-use-of-force.html
I may be wrong, but from your post I get the view that you feel that anyone who uses a firearm for self defense should be considered guilty of a crime.