Florida Judge Rules Defendant Allowed to Meet Force With Force

July 31, 2012 - PRLog -- A man was riding a bicycle when an African American man rode past him on his bicycle. The   man/defendant was accused of spitting in the other man’s direction when the mist from his spit sprayed the alleged victim. The alleged victim then approached the man, asking him if he was aware of the fact that he had spit on him when the defendant responded with profanity and a racial slur, then turned and rode away on his bicycle in the opposite direction.

The alleged victim continued to pursue the man asking him if he knew that he had spit on him. The defendant continued to respond with profanity, which apparently angered the victim even further who then followed the defendant half a city block in an attempt to “get answers.”

While being pursed, the man indicated multiple times that he did not want to engage in conversation with the man following closely behind. Finally, the man turned around and pulled out a 12” fishing knife, raising the knife over his head in a threatening manner. While this finally stopped the pursuit from the alleged victim, it also happened at the very moment that a police officer had turned the corner. After observing the verbal confrontation, the police officer promptly arrested the man who he observed holding up the knife in a threatening manner.

The defendant was represented by The Williston Law Firm, P.L., based out of Jacksonville, Florida. The defendant’s attorney filed a motion to dismiss the case under Florida’s “Stand Your Ground” law under statutes 776.032 and 776.012. The law that was used as the basis of their motion is the same law that has received a significant amount of media attention in the George Zimmerman/Trayvon Martin case where Zimmerman was being charged with second degree murder for the February 26, 2012 shooting death of Florida teenager Trayvon Martin.

Zimmerman was claiming self-defense under Florida’s “Stand Your Ground” law after Martin had broke his nose and banged his head on the concrete, hit him at least a dozen times, attempted to suffocate him and threatened to kill him. During the attack, Zimmerman managed to grab his concealed weapon and stop Martin dead in his tracks, firing a single shot. The case of where the man raised his knife in self defense was prosecuted by the same State Attorney’s office that handled the Zimmerman/Trayvon Martin Case.

Under Florida Statute 776.012 Use of force in defense of person – a person is justified in using force against another person when and to the extent that the person reasonably believes that such conduct is necessary in order to defend them or against the other party’s imminent use of unlawful force. They are also allowed to use deadly force when they reasonably believe that such force is necessary in order to prevent imminent death or great bodily injury.

Under Florida Statute 776.032 Immunity from criminal prosecution and civil action for justifiable use of force – a person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for using such force, unless the person is a law enforcement officer. The court shall award reasonable attorney’s fees, court costs, compensation for loss of income and all other expenses incurred by the defendant in defense of any civil action that is brought against the plaintiff if the court finds him or her immune from prosecution.

The court hearing was held on July 3, 2012. After listening to the testimony, the Judge ruled on July 9, 2012 that the defendant was immune from prosecution and that he was legally authorized to meet force with force as it was deemed reasonable, and that following his actions and the alleged victim following him that he was in reasonable fear of unlawful contact if the alleged victim caught him. This was another successful case result for the Williston Law Firm, P.L. of Jacksonville, Florida. To contact the criminal defense firm, call (904) 399-3699 or visit the firm online at http://www.TheWillistonFirm.com.