(08-17-2018, 12:15 PM)Jagwired Wrote: I'm just saying. Had the man not physically assaulted the dude he would not have been killed that day. Plain and simple. He had zero right to assault the man. Call it a shove , a push or whatever you want. In the eyes of the law it is assault/battery. He was not in the act of defending his woman because she did not require defense at that moment as she was not under physical attack. I suspect the guy will walk on the charge.

Physical attack is not a prerequisite of the legal use of force (other than deadly force) against a person per Florida law. FL Statute 776.012 (1) states: "A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force." In fact, deadly force could even be used if the person believes that the use of "such force is necessary to prevent great bodily harm to himself or herself or another..." (776.012 (2)). 
  
For example, if Markeis McGlockton had heard Michael Drejka say something like "I am armed and will blow your head off if you don't get back in the car!" to Britany Jacobs, McGlockton would likely be considered justified in pushing Drejka away from his girlfriend. Now, there is no evidence that this was the case, and as far as I have heard Jacobs is not asserting that something like this happened. However, to say that just because Jacobs was not under physical attack means that McGlockton could not be justified in his shove is not accurate.

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