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To: PhatHead
"Starting it" does not, by itself, remove your right to self-defense.

Well, yes it does. Under some circumstances at least.

Florida statute 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.

Aggravated assault and aggravated battery are forcible felonies under FL law. If you are in the process of committing one of these crimes, you lose the right to claim self-defense unless you fall under one of the exceptions to the exceptions above.

87 posted on 06/09/2012 7:30:27 PM PDT by Sherman Logan
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To: Sherman Logan
"Starting it" does not, by itself, remove your right to self-defense.

Well, yes it does. Under some circumstances at least.

That's correct. Under some circumstances - not by itself. I was only commenting on your statement that "who started the fight" was the "only relevant issue." It isn't. I think we agree.

133 posted on 06/10/2012 7:11:38 AM PDT by PhatHead
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