By Alexis Sykes
This month, Jason Paul Mieczkowski was arrested for the murder of an unknown woman. The woman’s cause of death was due to blunt force trauma. It is unclear if Mieczkowski was the primary aggressor or how he even knew the woman. The prior history of the parties could factor into whether Mieczkowski could make a legitimate claim of self-defense or not. The Stand Your Ground law allows a person to use deadly force if they are in reasonable fear of great bodily harm or death. A person is not required to retreat under Florida’s law and may “stand their ground” and meet force with reasonable force. However, the amount of force used must be justifiable and not excessive under the circumstances, which will consider factors such as the size of the alleged victim and whether the victim was armed with a weapon.
It’s also not clear if there was a motive for the homicide and thus whether a “heat of passion” defense may factor in for a potential resolution to a lesser charge like manslaughter. The difficulty for Mieczkowski would be explaining why the homicide was not disclosed immediately. The failure to disclose could be considered consciousness of guilt, but it could also be explained as trauma or fear. Further investigation and possible mental health evaluations would be needed to determine an effective defense in this case.
If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.