Not true, under Florida 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.
I don’t know exactly how the law would be interpreted in this case. It says “provokes the use of force against himself,” which I would assume might mean something other than initiating the use of force himself, perhaps verbal aggression, etc.
However, I will assume your interpretation applies.
This does not sound to me like a good law. A person who starts a fight, is losing, and is therefore “in imminent danger of death or great bodily harm” should not, IMO, be allowed to claim justifiable homicide and walk if he then kills the other guy. This would apply to just about every bar fight that happens, and FTM some of the fights I got into in high school.
In such a case I don’t believe a charge of first-degree murder would be justified, or possibly even second-degree. But one would think manslaughter or something similar would be appropriate.
If taken literally, I could physically assault someone, which is a crime, and then kill him when I’m losing, and just walk away. Giving me a legal incentive to kill the guy defending himself rather than take a beating. If he survives, I’m charged with assault or possibly assault with intent to kill. If I kill him I walk.
That just doesn’t sound right.