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.
BTW, these limitations on justified use of force apply to the entire self-defense category, not just the SYG provision. So it has exceptions and exceptions to the exceptions.
Good points.
Well, come the Prelim, the state has to put on its case that it has probable cause for the arrest. Interesting it will be as to why the police did not believe they had probable cause the night of the event but do 30 days later. That would be point one for the defense before they even get to self defense or SYG. Next point, second degree, I’d like to see a showing by the prosecution they met all the elements of that crime.
The prelim is where one battles the legal formalities.
Were I the judge, from my perspective of not having all the facts, I’d withhold judgment till a sunday evening. Beforehand, I’d call gov scott to alert the state guard to be on full alert for my decision if I was dismissing the case.
JMHO.