Florida Criminal Case Defenses

Tampa Defense Attorney

In any criminal case, the first issue is whether the prosecutor for the State of Florida can prove each and every element of the criminal offense. In other words, did the defendant commit the criminal act?

Even when the prosecutors for the State of Florida can prove that the criminal offense occurred, the defendant may still be able to avoid a finding of guilt if a factual, justification, excuse or procedural defense can be established under Florida law.

If you need to speak with a criminal defense attorney in the Tampa Bay area, including Pinellas County, Polk County, Manatee County, Pasco County, Polk County, or Hillsborough County, contact the Sammis Law Firm to discuss your case with an experienced Tampa criminal defense attorney who can explain how certain criminal defenses available under Florida law may apply to your case.

Affirmative Criminal Defenses - Justifications and Excuses

For affirmative defenses used during a jury trial, the defendant must present some evidence supporting an affirmative defense before the Court is required to instruct the jury on the defense. If the defendant presents sufficient evidence to warrant the instruction, then the jury is instructed on the defense.

In most self-defense cases, the defendant will request and should receive an instruction on both deadly and non-deadly use of force for self-defense. Deadly force used for seld-defense typically involves the use of a weapon, such as a baseball bat, a knife, or a firearm. On the other hand, non-deadly force for self-defense typically involves pushing, punching or striking another person. Any weapon can theoretically be used in a deadly or non-deadly manner for self-defense purposes. The only type of scenerio under Florida law that may qualify as deadly force as a matter of law is when a firearm is discharged or fired. For almost every other factual scenerio, both the Florida deadly and non-deadly force self-defense instruction should be read to the jury.

Florida Defenses

• Use of Non-deadly Force in Self-defense
• Defense of Others
• Defense of Property
• Use of Deadly Force in Self-defense
• Florida Entrapment Defense
• Involuntary Intoxication
• Insanity
• Statute of Limitations
• Incompetent to Stand Trial
• Independent Act Criminal Defense Doctrine
• Voluntary Abandonment Criminal Defense
• Necessity or Duress Criminal Defense
• Advice of Counsel (Good Faith) Criminal Defense

Procedural Criminal Defenses

Under Florida law procedural defenses include the right to a speedy trial, and protections against double jeopardy and res judicata.

• Speedy Trial
• Double Jeopardy
• Res Judicata

Factual Defenses

• Alibi

Evidenciary Motion Hearings

• Motion to Suppress Physical Evidence
• Motion to Suppress Statements - Miranda Violation
• Motion to Dismiss

Contact the Sammis Law Firm to discuss with a Florida criminal lawyer how a particular criminal defense may apply to the facts of your case. We defend people charged with criminal offenses throughout the State of Florida, particularly in the Tampa Bay Area, including Pinellas County, Hillsborough County, Manatee County, Polk County, Pasco County and Sarasota County and the cities of Tampa, St. Petersburg, Clearwater, Bartow, Dade City, New Port Richey, and Plant City. Contact an aggressive and experienced Tampa criminal attorney today for a free consultation to discuss your arrest and prosecution under Florida law.