Criminal charges in Florida attract hefty penalties, including fines, jail time, and even the death sentence for grave offenses. As such, facing a criminal charge is a serious and stressful situation, especially considering Florida’s unforgiving legal system.
If you’re facing a criminal charge and pleading guilty is out of the question, your best bet to walk Scot-free is your defense. This legally valid argument challenges a prosecutor’s case, proving you (the accused) are not guilty. In Florida, a solid defense strategy could make or break your case.
There are several defenses for criminal cases in Florida. In today’s post, we’ll highlight some of the most common ones.
Affirmative Defenses
An affirmative defense is one of the most successful defenses for Florida criminal cases. With affirmative defense, you admit to the act but offer additional information that absolves you from the crime. In criminal cases, the prosecutor must prove every “element” of a crime before the accused can be convicted, which is what sets criminal and civil liabilities apart. These elements may include conduct, mental state, intent, and other factors.
Affirmative defense exploits loopholes in the elements to acquit the accused. Examples of affirmative defenses include:
- Insanity: This defends crimes committed by a person who was unaware of his actions because of a mental illness or compromised mental state. For instance, a person commits a murder during the delirium episode of an epileptic fit.
- Mistake of fact: This defends crimes committed mistakenly. For instance, this includes mistakenly taking someone else’s phone thinking it was yours. The crime here would be theft.
- Involuntary intoxication: This defends crimes committed when unwillingly intoxicated and, therefore, unaware of actions. For instance, you got drugged and committed a hit-and-run while driving back home.
It’s worth noting that affirmative defenses vary from one state to another. In Florida, only affirmative defenses in Florida statutes are admissible in a court of law in the state.
Alibi
An alibi is arguably one of the most foolproof defenses in criminal cases. Presenting an alibi is simply proving that you weren’t present at the crime scene when it occurred and couldn’t have committed the crime.
For instance, you have been accused of assaulting an individual in Club XYZ at 9:00 p.m. However, CCTV footage shows you were in Walmart shopping for groceries at 9:00 p.m. on the day of the assault. The CCTV footage is your alibi and automatically vindicates you. Aside from surveillance footage, other alibis include:
- Witness testimonies
- Electronic records
- Travel statements
- Witness statements/affidavits
- Cell phone tower data
Holding the Prosecution to Its Burden of Proof
As mentioned, the prosecutor in Florida criminal cases must prove every element of the crime beyond a reasonable doubt. Holding the prosecution to its burden of proof focuses on highlighting and exploiting weaknesses in the prosecutor’s cases. If successful, the jury will conclude that the prosecution hasn’t met its burden of proof and, thus, the accused is not guilty.
However, it’s worth noting that holding the prosecution to its burden of proof is easier said than done since the prosecution’s legal team will likely have done their homework.
Self-Defense
Self-defense is a common defense for assault and murder cases in Florida. Legally, everyone has a right to defend themselves and others from danger, even if it means hurting or killing the threatening party.
To determine the appropriate level of violence for self-defense, courts will examine factors like:
- Did the perpetrator use deadly or non-deadly force?
- Did the victim have reasonable belief/fear that the use of force against them was imminent?
- Did the victim respond with reasonable force?
- Was retreat an option during the attack?
- What protection exists for victims who acted under reasonable “false alarms”
It’s worth noting that self-defense as a criminal defense must be objectively reasonable. This means that the circumstances surrounding the incident must merit the amount of force used in self-defense. Self-defense that isn’t objectively reasonable is known as imperfect self-defense. Imperfect self-defense doesn’t acquit you from criminal charges but attracts lesser charges and penalties.
Illegal Search and Seizure
An illegal search and seizure defense is premised on the fact that a police officer illegally searched you or your property and seized incriminating evidence. In Florida, like in other states, the law prohibits an officer from searching you or your property unless they have reasonable cause or a valid search warrant.
Illegal searches, including those of one’s home, car, or pockets, infringe on a person’s right to privacy. This means you cannot be convicted because the evidence was obtained unlawfully. However, if the police had reasonable cause to search your property, then the illegal search and seizure defense doesn’t apply.
Examples of reasonable cause for searches include:
- They had credible witness information of illegal activity
- You permitted them to conduct the search
- They were putting you under arrest and were searching the surrounding perimeter
Duress
With duress, the defendant admits to the crime but says that they committed the crime under coercion. In Florida, duress is a valid defense only if the accused faced a threat of severe bodily harm or death.
Furthermore, the defense requires that the accused had reasonable belief or fear that the perpetrator would execute their threat. It also requires the defendant to prove they had no option other than committing the crime. For instance, if you had a window to contact the police but didn’t, your duress defense doesn’t stand.
It’s worth noting that duress is not an admissible defense for murder under Florida law. However, the court may reduce the defendant’s charge to manslaughter, depending on the circumstances.
Put Up a Strong Defense
It’s difficult to mount a successful defense in a Florida criminal case if you don’t understand what defenses work best for your case. With a firm understanding of the most common defenses for Florida cases, you’re halfway to securing your freedom. All that’s left is to find proper legal representation, and you’ll be off the hook.
Just remember that mounting a successful defense in a Florida criminal case involves careful analysis of the evidence, legal arguments, and procedural rules. So, take your time finding a good lawyer to increase your chances of acquittal.
