What Evidence is Required to Raise a Self-Defense Claim in Florida?
The defendant is entitled to a jury instruction on self-defense in Florida when there is any evidence to support the claim. This is a low standard and even a scintilla of evidence will be sufficient, even if the self-defense theory is extremely weak or improbable. Self-defense may even be inferred from the States evidence without the Defendant or a defense witness ever taking the stand.
Where there is no evidence of self-defense, the jury will not be given a self-defense instruction and the defendant will be limited in closing argument to challenging the States evidence and denying that the incident took place (assuming no other defenses were raised). Thus, if a Defendant testifies during trial, and states that he acted out of anger after the alleged victim walked away, he or she would not likely be entitled to a self-defense instruction. Florida courts have also denied self-defense instructions where the claim of self-defense is inconsistent with the defense theory of the case, such as where an alibi defense is raised.
http://www.husseinandwebber.com/florida-law-self-defense-use-of-force.html
The defendant is entitled to a jury instruction on self-defense in Florida when there is any evidence to support the claim. This is a low standard and even a scintilla of evidence will be sufficient, even if the self-defense theory is extremely weak or improbable. Self-defense may even be inferred from the States evidence without the Defendant or a defense witness ever taking the stand.
Where there is no evidence of self-defense, the jury will not be given a self-defense instruction and the defendant will be limited in closing argument to challenging the States evidence and denying that the incident took place (assuming no other defenses were raised). Thus, if a Defendant testifies during trial, and states that he acted out of anger after the alleged victim walked away, he or she would not likely be entitled to a self-defense instruction. Florida courts have also denied self-defense instructions where the claim of self-defense is inconsistent with the defense theory of the case, such as where an alibi defense is raised.
http://www.husseinandwebber.com/florida-law-self-defense-use-of-force.html