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To: Mr Rogers

“Self-defense always applies under Florida law.”

Are you sure, counselor?

I heard a Florida lawyer say one could NOT initiate a fight, and then later claim self-defense (stand your ground, etc).

When I first wrote by “initiate,” I mean the fact Zimmerman was following, which I expect the prosecution to claim is the initiation that will negate self-defense.

I’ll wait for the trial. I’m not a lawyer, and I don’t rush to judgement, either way.


27 posted on 04/19/2012 3:36:09 PM PDT by truth_seeker
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To: truth_seeker
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.
29 posted on 04/19/2012 3:51:56 PM PDT by ironman
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To: truth_seeker

Yes, I’m sure. It is specifically written that way in the law.

“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.”


30 posted on 04/19/2012 4:00:50 PM PDT by Mr Rogers (A conservative can't please a liberal unless he jumps in front of a bus or off of a cliff)
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