Self-defense is legal under Florida law. You don’t have to retreat from someone who poses a threat before using self-defense. You are allowed to use force, and there are even situations where this can be deadly force. The key is that the force used needs to be necessary, which typically means it is roughly equal to the force being used against you.
For instance, if you believe that there is an imminent danger of bodily injury, then you could use a level of force that would cause injury to someone else. But only if you believe that you are in danger of imminent death can you use deadly force. If there’s no actual threat of death and you respond to a lower level of force disproportionately, you could be charged.
An example of this is if someone assaults you on the sidewalk and punches you. You can then use physical force to retaliate against or restrain that person, so striking them in return would not be illegal. But if you used a firearm and ended up taking their life, that could be a disproportionate response that could still lead to criminal charges – even if you were not the initial aggressor.
Could you be deported?
It is a possibility. Deportation is typically used for crimes that involve moral turpitude. The Justice Department specifically states that this includes things like aggravated assault or voluntary manslaughter.
The key may lie in the outcome of the criminal case. If you used appropriate force for self-defense, you may not be convicted or deported, even if you were initially arrested. But if you are convicted in court on criminal charges, then deportation becomes a real risk. As such, you understand all the legal defense options you have in such a complicated situation.