Legal Question in Criminal Law in Florida

Re: Self defence-Felon

unfortunately a felon may not ever, under any circumstances possess a firearm. he may not claim self defense. he is facing a minimum mandatory 3 years.

Re: Self defence-Felon

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First, it is very questionable if your fact pattern would be believed by a judge or a jury. How would you somehow take your gun out, give it to your fiance who then had the opportunity to shoot it, all while being undetected by the robber who must have been facing both of you this entire time since you are claiming it was self defense and thus the robber was not fleeing the scene? It seems very far fetched.

Regardless, a convicted felon is prohibted by law from every having a firearm under any circumstances. Self defense by a felon is allowed, but that does not include using a firearm. He may be facing a mandatory jail sentence unless he obtains an excellent attorney who can somehow convince the court that your scenario is correct and it was imperative to take the action which was taken, even if it was in violation of Florida law in order to save lives. Even so, he may be incarcerated.

Scott R. Jay, Esq.