By Grace Casagrande Road rage incidents such as these
seem to have become more common, making it an important scenario to analyze. In this case, the two accused men have been arrested for Attempted Murder, a First-Degree Felony, potentially punishable by life. While both men have been arrested for the same crime, they likely have different theories of Defense. The man in the driver seat, closer to the vehicle of the alleged victims, may potentially be the more culpable in this situation, given his vicinity to the SUV and the fact that the holster was found in the driver’s seat. The defendant in the passenger seat may argue that, while he was present for the incident, he did not fire any gun at the vehicle, nor did he contribute to the driver’s actions. The forensic evidence, including gunshot analysis and gunshot residue tests will be vital in determining who should be formally charged and for what in this case.
The defendant who is found to fire the shots could potentially argue self-defense, under Florida’s Stand Your Ground Laws. Under Florida Statute 776.012, a person is justified in using deadly force if they reasonably believe that such force is necessary to defend themself or another against imminent serious bodily injury, death, or a forcible felony. The men in the truck alleged that the alleged victims in the SUV were throwing objects at the truck. If the alleged victims made threats through their actions, words, or use or force, that led to a reasonable belief that the force used was necessary to protect himself or another against imminent serious bodily injury, death, or a forcible felony, the use of force through gunshots may be found to be justified. Witness testimony, of the individuals in the vehicles, and in any vehicles passing by would be important in the Judge making this determination at a hearing, or in the jury making this determination at trial. 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.
