Using Self-Defense To Challenge Murder Charges in Florida

 Posted on July 24, 2025 in Criminal Defense

A murder charge is one of the most serious criminal charges a person can face. However, Florida law recognizes that not every killing is a crime. In some cases, you may be justified in using deadly force to protect yourself or others. Self-defense is an affirmative defense, meaning that you essentially admit to the act of killing but argue that you were justified in doing it. To use this type of defense to challenge a charge as serious as murder, you need to understand how Florida’s self-defense laws work and talk to an experienced Miami, FL murder defense lawyer.

What Does Florida Law Say About Self-Defense?

Florida Statutes § 776.012(2) allows a person to use deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others. This law applies whether the threat comes from a stranger, a family member, or anyone else.

However, the belief that there was an imminent threat must be objectively reasonable. Regardless of whether it later turns out the threat was not as serious as you thought, what is important is whether a reasonable person in the same situation would have done the same as you. A successful self-defense claim depends on both what you believed at the time and whether a reasonable person in your shoes would have reacted the same way.

When Can You Argue Self-Defense for Murder or Manslaughter in Florida?

Self-defense can be used as a legal defense in cases involving first-degree murder, second-degree murder, and manslaughter, which is killing without the intent to kill. The key question is whether your actions were taken in response to a threat of serious harm or death. According to Florida Statutes § 782.02, the use of deadly force is justified if someone forcibly enters your home and you believe they want to hurt you.

However, the right to claim you were acting in self-defense does not apply if you were the aggressor or if you intentionally provoked the confrontation. That means that if you started the fight or brought a weapon into an argument, the court may not accept your claim of self-defense. Similarly, you must not have been engaged in unlawful activity at the time.

How Can the Florida "Stand Your Ground" Law Impact a Murder Case?

Florida’s "Stand Your Ground" law gives you even more protection in some situations. If someone breaks into your home or occupied vehicle, the law presumes you had a reasonable fear of death or injury. This means that the burden shifts to the prosecution to prove that you were not justified in using deadly force.

Unlike traditional self-defense, "Stand Your Ground" removes the duty to retreat. You do not have to run away before defending yourself, as long as you are in a place where you have the legal right to be. This can be a powerful tool in a murder case.

Still, invoking this law is not automatic. The facts of your case must support the idea that you had a legal right to be where you were when the attack occurred and that you were not doing anything illegal. A knowledgeable attorney can help present the evidence in a way that meets those requirements.

Contact a Miami, FL Murder Defense Attorney Today

If you or a loved one has been charged with murder or manslaughter, self-defense may be a viable option for you to challenge the charge. However, proving such claims requires thorough legal work that pays attention to every relevant detail. Contact the experienced and aggressive Miami-Dade County, FL murder defense lawyers at The Hoffman Firm to schedule a free consultation today. If necessary, we will travel to you.