Florida Criminal Defenses

Criminal defenses are legal arguments or strategies used to challenge the prosecution’s case or establish a legal basis for acquittal. The accused does not have to prove innocence. Defenses may challenge the prosecution’s evidence, argue that the accused lacked the necessary intent to commit the crime, or say that the accused’s constitutional rights were violated. Defenses can also argue that the prosecution has not met its burden of proving its case beyond a reasonable doubt.

Affirmative Defenses

An affirmative defense provides a legal reason why a defendant should not be convicted even if the prosecution proves the charged conduct. The burden depends on the defense. Raising an affirmative defense does not relieve the prosecution of its burden of proving every element of the offense beyond a reasonable doubt.

When the evidence properly raises self-defense at trial, the State must disprove it beyond a reasonable doubt. An alibi challenges the State’s claim that the defendant committed the offense; the defendant does not have to prove innocence.

Insanity has a different burden. Under Florida Statutes § 775.027, the defendant must prove insanity by clear and convincing evidence. A mental illness alone does not establish this defense. Because of a mental infirmity, disease, or defect, the defendant must have been unable to understand what they were doing or its consequences, or unable to understand that it was wrong.

Common Criminal Defenses in Florida

Some of the most common defenses to criminal charges under Florida law include the following:

  • Self-defense: Nondeadly force may be justified when reasonably necessary to protect against another person’s imminent unlawful force. Deadly force requires a reasonable belief that it is necessary to prevent imminent death, great bodily harm, or a forcible felony. Stand Your Ground addresses when a person has no duty to retreat; it does not remove the limits on lawful force.
  • Defense of others: The rules governing defense of a person also allow force to protect someone else. The threat and the amount of force used must meet the applicable legal requirements.
  • Defense of property: Florida permits nondeadly force in certain circumstances to stop trespass or unlawful interference with property. Protecting property alone does not justify deadly force; under the property-defense statute, deadly force requires a reasonable belief that it is necessary to prevent an imminent forcible felony.
  • Lack of evidence: Can be utilized when the prosecution does not have enough evidence to prove their case beyond a reasonable doubt.
  • Lack of required criminal intent: The defense may challenge whether the prosecution can prove the mental state required for the charged offense. A lack of intent to cause harm does not defeat every charge.
  • Mistaken identity: Can be presented when an individual is misidentified as the person who committed the crime.
  • Consent: Valid consent may defeat an element of certain offenses. Whether it matters depends on the charge, the conduct, and the other person’s legal ability to consent.
  • Insanity: This defense requires clear and convincing proof that, because of a mental infirmity, disease, or defect, the defendant did not understand the act or its consequences, or did not know it was wrong.
  • Mistake of fact: Can be utilized when an individual has made an honest mistake regarding a fact that is material to the crime charged.
  • Alibi: This defense is when the accused can provide evidence that they were not at the scene of the crime at the time it was committed.
  • Duress or necessity: These defenses may apply when a person commits an offense to avoid real, imminent harm, has no reasonable lawful alternative, and causes less harm than the harm avoided. Other requirements and limits apply, including whether the person intentionally created the danger.
  • Entrapment: Can be raised when an individual is induced by law enforcement to commit a crime they would not have committed otherwise.
  • Illegal search and seizure: Can be argued when an illegal search or seizure of evidence has violated an individual’s constitutional rights.
  • Miranda rights violation: Statements obtained through custodial interrogation in violation of Miranda may be excluded from the prosecution’s case-in-chief. This does not automatically require dismissal of the charges.
  • Statute of limitations: Can be presented when the prosecution has not brought charges within the time frame allowed by law.
  • Inadmissible evidence: The defense may seek to exclude evidence that fails to meet Florida’s evidence rules, including hearsay that does not fall within an exception. Evidence need not have been obtained illegally to be inadmissible.
  • Abandonment: The abandonment defense under Florida criminal law may apply to attempt, solicitation, or conspiracy when the defendant completely and voluntarily renounces the criminal purpose and meets the requirements for that offense. Merely changing one’s mind or walking away does not always qualify.

Determining what defenses might apply in your criminal case can be a complex process that requires a thorough understanding of the facts of the case and the relevant laws. The most effective way to determine what defenses might apply in your case is to consult with a criminal defense attorney.

Contact an Experienced Criminal Defense Lawyer

A criminal defense attorney will be able to review the facts of your case and advise you on the most appropriate defense strategy. They will be equipped to evaluate the strength of the prosecution’s case and identify any weaknesses or potential issues that could be used as a defense, for example, a violation of your constitutional rights. Additionally, they will be able to provide you with an understanding of the laws that apply to your case. This includes affirmative defenses and other defenses that could apply. They will also be able to advise you on the strength of each defense and the likelihood of success.

Defense strategies will vary depending on the case’s specific facts. If you are facing criminal charges, you must consult a criminal defense attorney as soon as possible. They will protect your rights and give you the highest chance of a successful outcome.