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12 Cards in this Set
- Front
- Back
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Use of force in defense of a person
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A person is justified in using force, except deadly force against another when and to the exten that the person reasonably believes that such conduct is necessary to defend himself or herself against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if: a) He reasonable believes that such force is necessary to prevent imminent death or great bodily harm to himself or another or to prevent the imminent commission of a forcible felony; or 2) use of force in defense of others
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Deadly force
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force which is likely to cause death or great bodily harm and includes, but is not limited to:
1) the firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and 2) the firing of a firearm at a vehicle in which the person to be arrested is riding |
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*Do Not Retreat* Law
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A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony
A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence |
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Forcible felony
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any felony which involves the use or threat of physical force or violence against any individual
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Defense to civil action for damages; party convicted of forcible or attempted forcible felony
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1) It shall be a defense to any action for damages for personal injury or wrongful death, or for injury to property, that such action arose from injury sustained by a participant during the commission or attempted commission of a forcible felony. The defense authorized by this section shall be established by evidence that the participant has been convicted of such forcible felony or attempted forcible felony, or by proof of the commission of such crime or attempted crime by a preponderance of evidence
2) forcible felony means forcible felony 3) Any civil action in which the defense recognized by this section is raised shall be stayed by the court on the motion of the civil defendant during the pendency of any criminal action which forms the basis for the defense, unless the court finds that a conviction in the criminal action would not form a valid defense under this section. |
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Penalty for a capital felony
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death or life in prison without parole, if defendant appeals and the death penalty is found to be unconstitutional, the florida supreme court or the u.s. supreme court gives them life in prison
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Life felony
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imprisonment for life
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first degree felony
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not more than 30 years, when specified by statute, not more than 15
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second degree felony
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no more than 15 years
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third degree felony
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no more than 5 years
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first degree misdemeanor
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definite term of imprisonment not exceeding 1 year
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second degree misdemeanor
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definite term of imprisonment not exceeding 60 days
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