Originally posted by Boxingtech718v2
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I agree. . . The problem is the way the self defense law is written (common law, as well as the Florida statute), is that EVEN if you are the "aggressor", you can still claim self defense if you ultimately find yourself in a position where either: 1.) You actually are in danger of loss of life or limb; OR (this is where it gets REALLY TRICKY - 2.) You ACTUALLY BELIEVE that you are in danger of loss of life or limb. *This is based on a subjective standard applied to an objective standard - "What would a REASONABLY PRUDENT person have believed in the SAME OR SIMILAR CIRCUMSTANCES as the defendant?*
So, for example: Zimmerman confronts Trayvon. . . Trayvon says "f off, why you following me, leave me alone *******", then Zimmerman says "I'm holding you until the police come", and puts his hands on Trayvon in an attempt to "detain him". . Trayvon then resists. . A scuffle ensues. . Zimmerman then ends up on the ground, while Trayvon is standing over him reinging down BOOTS and ELBOWS full power ove and over again. . Or, he's on top of Zimmerman (think ground and pound in MMA), and reigning down brutal hammerfists and elbows. . THEN, technically, Zimerman would be able to claim (2.) in regards to the self defense law.
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