Florida Jury Instruction - Possession Of Firearm Having Altered Or Obliterated Serial Number
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FAQ
In relevant part, Florida's Standard Jury Instruction on the Justified Use of Deadly Force reads: It is a defense to the crime[s] of (name[s] of relevant crime[s], including lesser-included offenses) if the actions of (defendant) constituted the justifiable [use] [or] [threatened use] of deadly force.
Further, the penalty for felons possessing or carrying firearms is severe. Even if that's the only charge you're facing, felon in possession of a firearm is a second-degree felony in Florida. That means up to 15 years in prison, with a minimum mandatory term of 3 years.
Presumption of Innocence: The judge will instruct the jury that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. They should not assume guilt but must consider all the evidence presented during the trial.
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force.
A jury will be instructed at trial in a case pursued on a principal theory that a principal must be treated as if he or she had done all the things the other person or persons did.
Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress.
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.