Arguing Self-Defense in a Florida Murder Trial

Generally speaking, when you are on trial for a criminal offense in Florida, you have the right to present any theory to the jury so long as there is some evidence to support it. For example, if you claim you acted in self-defense in shooting someone, you can ask the judge to instruct the jury on the law of self-defense, provided you present some evidence to support that theory. Florida appellate courts have emphasized that a self-defense instruction is justified when there is “any evidence to support the instruction, no matter how slight.”

Girlfriend’s Testimony Sufficient to Justify “Aggravated Assault” Instruction

Indeed, the Florida Sixth District Court of Appeal recently overturned a second-degree murder conviction because the trial judge declined to issue the defendant’s requested self-defense instruction. The defendant in this case, Espichan v. State, was charged with the shooting death of a man. The defendant’s girlfriend and the victim’s girlfriend previously got into an altercation over a missing dog. On the day in question, which occurred about two weeks later, the parties encountered one another on the street.

The victim and his girlfriend were stopped at the side of the road. The victim got out of his car to speak with his father, who was driving another vehicle. By coincidence, the defendant and his girlfriend happened to pull up behind them in their car. The victim’s girlfriend then made some taunting gestures towards the defendant’s car. The victim then turned and started walking to the defendant’s car. The defendant then shot and killed the victim.

At trial, the defendant argued he acted in self-defense. He testified that the victim was “getting aggressive” while approaching the defendant’s car. The defendant said he asked the victim to move his car so they could pass. The victim then became more aggressive, so the defendant pulled a gun out of his glovebox and stepped outside. The defendant repeated his admonition to the victim to leave him and his girlfriend alone. When the victim continued walking towards the defendant, the defendant opened fire. The defendant’s girlfriend also testified. She said that based on the victim’s movements just before the shooting, “It looked like he was holding a gun.”

At the close of evidence, the defendant requested the judge instruct the jury on self-defense. The prosecution did not oppose the instruction, but they did object to including “aggravated assault” as one of the applicable felonies that would have justified the defendant’s actions. Under Florida law, aggravated assault requires evidence that a person commits an assault with a deadly weapon without intent to kill or to commit another felony.

In this case, the victim did not have any weapons on him at the time of the murder. Nor did the defendant ever claim the victim had a weapon. But a self-defense instruction only requires some evidence that the defendant held a reasonable belief that the victim had a weapon and was prepared to use it. Here, the testimony of the victim’s girlfriend provided “some” evidence. Despite this, the trial court declined to include aggravated assault in the self-defense instruction. The jury proceeded to convict the defendant of second-degree murder.

On appeal, the Sixth District held the defendant was entitled to the aggravated assault instruction, and as such, he should receive a new trial.

Contact AsiliA Law Firm Today

A murder conviction will affect the rest of your life. So it is critical that you explore every avenue for defending yourself against such a charge. A qualified Miami murder and homicide attorney can help. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.

Source:

6dca.flcourts.gov/content/download/2437884/opinion/Opinion_2023-0921.pdf