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FSS 776: Justifiable Use Of Force

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

Welcome back to Florida criminal law, your place to learn about Florida’s criminal statutes, case law and latest news.

Sherry and I were just going through Florida statute 775 and we could do an entire week long series on this odd statue but we just don’t have the time. So, Sherry, if you would, please release on over and to justifiable use of force.

SIJ: All right. Florida statute section 776 contains 12 subsections that discuss the justifiable use of force within the state of Florida.

The key question each one of these subsections of the statute attempts to answer is “is it legal to use force in this circumstance?“

There are subsections that discussed the use of force to prevent an escape, a law enforcement officer’s use of force to make an arrest, a prohibition on using or threatening to use if resisting an officer, the lawful use of force for self-defense, property and the defense of others, just to name just a few.

Criminal defense attorney Stephen G. Cobb: Not to get ahead, but tell us about the implications for law-enforcement officers who detain and arrest a suspect who should have been immune from prosecution? We get a lot of questions about this section of law from our viewers.

SIJ: You know, the use of deadly force has been an area of incredible legal controversy. The legislature has amended the law regarding stand your ground and self-defense multiple times within the last 15 years.

A plain reading of Florida statute section 776.032 clearly states that if someone is wrongfully detained by law-enforcement and wrongfully prosecuted as determined by a judge later on, then that person wrongfully charged can have their legal fees paid when they become a civil plaintiff after the criminal case has been resolved in their favor.

Criminal defense attorney Stephen G. Cobb: Critics have complained that this particular section of statutory law makes Florida a free fire zone. This criticism has only intensified after the mass shooting at Parkland.

This is an area of law – along with just about every other area of law regarding firearms – that is undergoing rapid transformation.

SIJ: This is going to be a regular thing. Each election seems to bring several bills about firearms law and many of them are completely opposite to each other. A slight change in the legislature and you could have gun laws continue to whip back and forth.

Criminal defense attorney Stephen G. Cobb: Absolutely. This area of law seems to change every single legislative session. Traditional defenses such as defense of persons or property have been around since common law, but both defense of persons in Florida Statute 776.012 and Florida Statute 776.013, home protection and presumptions regarding the burden of proof in such situation, have been amended three times each since the revision in 2005.

Justifiable use of force is increasing fact pattern specific, and attention to the rules of evidence have never been more important.

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

For more information on FSS 776: Justifiable Use Of Force, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 850-423-0035 today.


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Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just…

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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