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maestro pistolero · July 7, 2013, 07:23 PM

Zimmerman's attorneys are not asserting a stand your ground defense, So I would question whether the initial provocateur clause applies. In any case, there is no evidence Zimmerman attempted to directly contact Trayvon at all, let alone act as an initial aggressor. Florida vs Zimmerman is a pure self-defense case unrelated to so-called stand your ground.

But even if it does apply, Zimmerman clearly could assert 2A, which says:

(Unless)
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant;

Beat me to it :

http://www.lawserver.com/law/state/f...atutes_776-032

Florida Statutes 776.032 - Immunity from criminal prosecution and civil action for justifiable use of force
Florida Statutes > Title XLVI > Chapter 776 > § 776.032 - Immunity from criminal prosecution and civil action for justifiable use of force

Current as of: 2011
Check for updates
2010 version
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

July 7, 2013, 07:23 PM	#79
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	Zimmerman's attorneys are not asserting a stand your ground defense, So I would question whether the initial provocateur clause applies. In any case, there is no evidence Zimmerman attempted to directly contact Trayvon at all, let alone act as an initial aggressor. Florida vs Zimmerman is a pure self-defense case unrelated to so-called stand your ground. But even if it does apply, Zimmerman clearly could assert 2A, which says: (Unless) (a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; Beat me to it : http://www.lawserver.com/law/state/f...atutes_776-032 Florida Statutes 776.032 - Immunity from criminal prosecution and civil action for justifiable use of force Florida Statutes > Title XLVI > Chapter 776 > § 776.032 - Immunity from criminal prosecution and civil action for justifiable use of force Current as of: 2011 Check for updates 2010 version (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant. (2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. (3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1). Last edited by maestro pistolero; July 7, 2013 at 07:37 PM.