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In reply to the discussion: Murder in the first, murder in the second, and manslaughter. [View all]TheWraith
(24,331 posts)7. Nope. Florida self defense law has very specific rules about aggressors.
776.041 Use of force by aggressor. The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
In other words, the aggressor in a confrontation does not have the right to defend themselves until and unless they've attempted to retreat. That's actually an excerpt from the Florida law.
Also, to be clear: 15 years of probation is an option for the judge, but ONLY in ADDITION to the mandatory minimum sentence of 9 1/4 years. That 9 1/4 years in prison would be the absolute minimum sentence he could get.
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I read that he can't be charged with murder in Florida, because only a grand jury can do that.
pnwmom
Apr 2012
#2
Yes, if he was found guilty of manslaughter and sentenced to real prison time, I would be relieved.
pnwmom
Apr 2012
#16
Good! I've heard some pretty jaw-dropping stories of people getting off because of that law --
gateley
Apr 2012
#10
I didn't realize killing had such a limited punishment, a likely 10 to 15 years is all for
Dragonfli
Apr 2012
#19
Thank-you. My first reaction was to ask that question and here you answered it.
robinlynne
Apr 2012
#39
manslaughter still ruins your life. Ask any of the EMT or emergency vehicle drivers
pasto76
Apr 2012
#41