Tampa Criminal Lawyer Blog
It is not uncommon for verbal disagreements to become physical, which can ultimately result in criminal charges. In Florida, a person charged with assault or other violent defenses may be able to avoid a conviction if they can demonstrate they were acting in self-defense. If a court unjustly declines to instruct the jury on self-defense, and the defendant is convicted of a violent crime, they may have grounds for arguing the conviction should be vacated, as discussed in a recent Florida case. If you are accused of a violent offense, there may be defenses you can assert, and you should talk to a Tampa violent crime defense attorney promptly.
Factual and Procedural Setting
It is reported that the defendant was charged with second-degree murder for the shooting death of the victim. The incident occurred after a prior dispute between the victim, the defendant’s girlfriend, and a neighbor. On the day of the shooting, the victim was attempting to contact his father, who had borrowed his truck, when the victim, his girlfriend, and their children drove to locate him. They encountered a vehicle driven by the neighbor, with the defendant as a passenger. The victim approached the defendant’s vehicle, and the defendant, claiming self-defense, shot the victim multiple times.
Allegedly, the defendant believed the victim was armed and acting aggressively, though no weapon was found on the victim. At trial, the defense sought to include a jury instruction on the justifiable use of deadly force, specifically requesting that aggravated assault be listed as a felony justifying such force. The trial court denied this request, instead allowing the inclusion of burglary. The defendant was subsequently convicted of second-degree murder and sentenced to fifty years in prison, followed by lifetime probation. The defendant appealed the conviction, arguing that the trial court erred in excluding the aggravated assault instruction.
Self-Defense Jury Instructions in Violent Crime Cases
On appeal, the court’s sole focus was the trial court’s decision to exclude aggravated assault from the self-defense jury instruction. The standard of review for such a decision is abuse of discretion, particularly considering that a criminal defendant is entitled to have the jury instructed on any theory of defense supported by evidence, regardless of how slight.
The court noted that Florida law justifies the use of deadly force if it is necessary to prevent imminent death, great bodily harm, or the imminent commission of a forcible felony, such as aggravated assault. Although the evidence suggested the victim was unarmed, the defendant’s girlfriend testified that the victim appeared to be holding a gun, which supported the defendant’s theory of self-defense.
Ultimately, the court concluded that this testimony provided a sufficient basis for including aggravated assault in the jury instruction. The trial court’s refusal to do so was deemed a reversible error because it undermined the defendant’s sole defense. As a result, the court reversed the conviction and sentence, remanding the case for a new trial.
Talk to a Skilled Tampa Criminal Defense Lawyer
If you are accused of a violent offense, it is essential to know what defenses you may be able to assert, and it is in your best interest to talk to an attorney. The skilled Tampa violent crime defense lawyers at Hanlon Law can assess the facts of your case and help you pursue the best legal result possible. You can reach Hanlon Law using our online form or by calling 813-228-7095 to arrange a meeting.