Those who are charged with second-degree murder in Florida or any other state may have a variety of defenses available to contest the charge. For instance, it may be possible for a defendant to claim that he or she didn’t commit the crime in question. It may also be possible to claim that the killing occurred but that it was justified for some reason.
In some cases, an individual may try to assert that he or she was mentally unstable at the time of the killing. However, even if an insanity defense is available, an individual may still be held responsible for killing another person. The same may be true if a person is intoxicated when a crime is committed. Individuals could try to claim that they were acting in self-defense at the time of the murder. To qualify as self-defense, a person must show that there was an attempt to retreat from a place where that individual was allowed to be.
Furthermore, the defendant cannot be the instigator in the situation that led to the killing. Finally, the person who kills in self-defense must have a reasonable fear of death or bodily harm when taking action. Once a person is no longer in danger of being harmed, it is no longer acceptable to take action that could lead to another person’s death.
If a person in Orlando, Florida is facing murder or other criminal charges, it may be worthwhile to hire an attorney. This might make it possible to create a defense to the charge. For instance, an attorney may claim that the killing was justified because a defendant was attempting to defend him or herself from a dangerous person. This might be enough to obtain a plea deal or acquittal.