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Response to The Stranger (Reply #71)

Fri May 18, 2012, 02:16 PM

78. Apparently in Florida the laws are confusing

Here is an excerpt from Florida law that someone else posted in another thread about this same subject.



776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has 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; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

I am not sure what this says, it looks like the initial aggressor can use justification as a defense if they believe that they are in imminent danger of death or great bodily harm, but then it also says other than use of force which is likely to cause death or great bodily harm to the assailant... so it's not really clear, any lawyers want to try an interpret this law?

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