Does the commission of the felony prevent him from claiming a stand your ground defense? 776.041 reads as if a person who has committed a felony IS entitled to SYG so long as he exhausted every reasonable means to withdraw. On the other hand, if somebody commits a felony and is attempting to withdraw in order to simply flee the scene, he's not entitled to SYG. I haven't read or heard any explanation of this.
Mr. Filexican, I did answer your question on whether someone who is committing another felony is precluded from using deadly force in self-defense. But I will make one more attempt ( I also put this on the other thread you asked it on): In order for that bar to apply, the Defendant has to be charged with a forcible felony that is independent from the felony for which he claims self-defense.
George Zimmerman is not charged with an independent forcible felony. He is only charged with one felonius act -- killing Trayvon Martin.
To make it clearer, I have highlighted the 2011 case of State v. Johnson
which clearly says so.
The Florida Supreme Court amended Florida Standard Criminal Jury Instruction 3.6(f) to clarify that the trial court should only include the aggressor instruction when the defendant has been charged with a contemporaneous independent forcible felony other than the one for which the defendant claims self-defense pursuant to Giles v. State, 831 So. 2d 1263 (Fla. 4th DCA 2002). In re Standard Jury Instructions in Criminal Cases (2007-3), 976 So. 2d 1081 (Fla. 2008).
I have also highlighted the Florida jury instruction 3.6
on this point (2010 edition) which states the same thing.
Because George Zimmerman is not charged with an independent forcible felony, the first section of the aggressor statute does not apply to him, even if he was the aggressor. If he was the aggressor, the second section would apply, but that allows him to assert self-defense so long as he was reasonably in fear of serious bodily injury or death, and he had no alternative lesser means available to avoid the danger he feared.
I hope this is clear. Also, you will have to find another forum to post on because I perceive your continued use of Jorge as George Zimmerman's first name is intended as an insult. You have not provided an alternative explanation. Insults are not allowed here. Thank you for stopping by , and for your interest in the legal aspect of the case.