Top 6 Defense Strategies For Violent Crime In Florida

In this article, you can discover…

• • The application of self-defense when you’re facing criminal charges. 
  • The role of victim credibility in criminal charges. 
  • How your mental health can impact the circumstance and outcome of your case. 

How Can Self-Defense Be Used As A Defense In A Violent Crime Case In Florida?

Often, the claim of self-defense is raised during trial. In this scenario, your attorney makes a case for self-defense, and a jury agrees that while you may have used violence against someone, this violence was justified because you were trying to protect yourself from harm. 

If you had a legitimate fear that the other person was using violence or was about to use violence against you and that you would be harmed if you did not act first, you could use an argument of self-defense.

Another way to argue self-defense is through Florida’s “stand your ground” law. This means that if someone is using or threatening to use force against you, you have a right to stand your ground and meet force with force, so long as the force is reciprocal. 

Reciprocal means that you use equal force; for example, if someone punches you, you may not shoot them, but you may likewise use your fists to defend yourself. 

When you want to file a claim of self-defense or stand your ground, you and your attorney file a motion before trial, and you argue your case in front of a judge. If the judge does not feel that the prosecutor has proven that you are not entitled to immunity based on self-defense (as it is always the prosecutor’s responsibility to prove guilt, not your responsibility to prove your innocence), the case is dismissed. 

If you lose this hearing, you and your attorney may still raise the claim of self-defense in front of a jury at trial. 

How Can An Alibi Be Used To Defend Against Violent Crime Charges Or Accusations?

An alibi is a defense used when you say, “I could not have committed this crime at that location as I was in an entirely different place at the time.” Essentially, the prosecution has the wrong person. 

When you want to raise an alibi defense, you and your attorney must file a notice of intent to claim an alibi, allowing the prosecution to seek evidence to further determine your location at the time the crime was committed.

An alibi can be a very effective and simple defense if you were elsewhere. There are many, many instances of mistaken identity in criminal cases. If you are confident that they have the wrong person, be sure to communicate this to your attorney during your very first meeting with them. 

This allows your lawyer to get to work gathering evidence to back up your alibi defense and prove your location at the time the crime was committed. 

Can The Credibility Of The Victim Be Challenged In A Violent Crime Case In Florida?

Yes, in Florida, you and your attorney can challenge the credibility of any witness for any charge. This is usually done through impeachment, where you introduce evidence that shows they are not being truthful or that their testimony is not as believable as it might otherwise be. 

This can be done by introducing prior statements that show a contradiction. For example, “You initially told police the car you saw was red, but a year later, you are now claiming the car was blue.” This can also be done by introducing a witness’s past criminal charges to the jury, especially if a witness was convicted of lying under oath or theft.

You and your attorney may also be able to demonstrate that the witness had an ulterior motive or that they would benefit in some way if you were convicted. 

Attorney Michael Barber is an accomplished criminal defense lawyer serving Florida. For over 10 years, he’s helped clients just like you better understand every possible avenue in their defense, represented them meaningfully, and fought successfully for their rights, freedom, and future.

Have questions, or in need of excellent legal representation? Reach out to The Law Office of Michael D. Barber, P.A. at (407) 890-8472 for an initial consultation today.

How Does Proving A Lack Of Intent Help In Defending A Violent Crime Charge?

Whether lack of intent is a helpful defense depends on the charges you face and the circumstances of your case. There are three different types of intent that can come into play in violent crimes; special intent crimes, general intent crimes, and strict liability crimes. In specific intent crimes, it must be proven that you had the very specific intent to commit the act and cause the exact injury that you’re charged with. 

With general intent crimes, you are argued to have generally intended to commit the crime. You may not have intended harm, but this is irrelevant, as harm still occurred while you were committing a deliberate crime. For example, you may have fired a gun during a burglary with the intention to fire a warning shot, but the bullet hit someone and caused injury or death. 

You did not intend this result, but you did intend for the gun to be fired, so your lack of intention to cause physical harm is irrelevant and can not, in this case, be used in your defense. 

How Can Mental Health Issues Be Used As A Defense In Violent Crime Cases?

Mental health can be used as a defense against non-violent as well as violent charges in Florida. Insanity can be used as a defense and can also be used to prevent a conviction if you are found to be mentally incompetent to stand trial once the trial begins. 

To prove that you are or were insane, your attorney will file a notice of intent to rely on the defense of insanity. Then, expert witnesses such as psychiatrists and psychologists testify in an attempt to prove that you meet the legal definition of insanity. Namely, that you suffered from a mental disease or defect at the time of the crime and either did not know what you were doing or did not know your actions were wrong. 

It should be noted, however, that a person can be insane at the time of the crime and yet be found competent to stand trial. Likewise, someone can be declared sane when the crime was committed but later be found insane and, therefore, incompetent to stand trial. 

To declare you incompetent to stand trial, your attorney will file a notice with the court. The court will then appoint doctors to evaluate you to determine if you are mentally fit to stand trial, if you can understand the charges against you, and if you can understand the penalties you might be facing. 

If the court does deem you to be incompetent based on any of the above criteria, you will not stand trial but can not take any plea deals, either. The case is paused, and you will be periodically reevaluated every six months or so to determine if you are still incompetent. 

If you are found to be competent, legal proceedings pick up where they left off. If after five years you are still found to be incompetent, your case is dismissed without prejudice, allowing it to be picked up again should the prosecution later believe you are competent. 

How Can Challenging The Legality Of The Arrest Impact My Defense Strategy?

You can always raise concerns about your arrest possibly being illegal or a search and seizure being illegal. You and your attorney can file a “motion to suppress” if this is the case, potentially allowing evidence related to the arrest or seizure to be kept out of the record so that the prosecution can not use it as evidence. 

If a judge agrees that there has been an illegal arrest or illegal seizure, all evidence collected after that point is suppressed, whereas evidence collected prior to that point can still be used as evidence. 

If you believe that you were illegally arrested or illegally searched and your property illegally seized, let your attorney know during the first meeting you have with them. Your lawyer can then begin to evaluate your case in depth and see if it is possible to file a motion to suppress. 

Still Have Questions? Ready To Get Started? For more information on Defense Strategies For Violent Crime, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 890-8472 today.