In addition to your theory of defense, there are several standard defenses available to anyone charged with a crime in Florida. Where appropriate, Judges must inform the jury of these defenses. They include:
- Voluntary Intoxication
- Justifiable Use of Non-Deadly Force
- Justifiable Use of Deadly Force
- Duress or Necessity
- Independent Act
An experienced attorney should know to assert these defenses in your case at the appropriate time. Strategically, it might be in your best interests to assert a defense early on. Other times, that might not be the case. Attorneys can file motions to dismiss based on these defenses far in advance of trial. Alternatively, whether the defense exists can be left up to the jury to decide (in which case, the Judge will have to read for them the appropriate jury instruction).