Self Defense Law

Sorting Out The Truth

The truth, however, is that a great many claims of self-defense–I would argue the overwhelming majority–are not in fact made by “good guys” who acted in genuine or even good faith self-defense.  Most every defendant charged with a crime involving an unlawful use of force can potentially claim self-defense as justification for that use of force, and many of them do. — Andrew Branca

The Bretherick v. State Decision

Last week the Florida Supreme Court handed down a major decision on the state’s self-defense immunity law. The defendant bears the burden of proof by a preponderance of the evidence at a pretrial evidentiary hearing. In other words, if you are claiming self defense, the burden is upon you to, in the words of Black's Law Dictionary, be able "to incline a fair and impartial mind to one side of the issue rather than the other." 

Remember, and comply with, The Five Principles of Self Defense.

Read more about the court's decision.


A vigorous wag of the tail for Andrew Branca.

/fl

© 2012-2025, Fredric A. Leedy & Associates. All rights reserved. Policy