State of Florida v. Eric Laurice Smith

Jacksonville, Florida criminal defense lawyer represented the Defendant charged with burglary and battery.



On December 10, 2020, Smith was charged with one count of armed burglary with assault or battery based on a violent disagreement between Smith, the victim, and Smith's sister, which occurred inside the victim's apartment. At trial, two versions of the facts were presented to the jury.



According to the victim, Smith showed up outside his apartment, accusing him of stealing items from their shared storage unit. The victim slightly opened his door using a "hotel latch." After the two argued for a few minutes, Smith broke the latch and forced his way inside. The victim asked Smith to leave, but Smith tackled the victim and began to punch him several times. During the altercation, a firearm fell out of Smith's waistband. At that point, Smith's sister entered the apartment, picked up the firearm, and pointed it at the victim. Smith and his sister then stole multiple items from the apartment and left.



Florida law has long recognized the right of its citizens to use force to defend themselves. See Hopson v. State, 168 So. 810, 811 (Fla. 1936). Thus, when supported by the evidence, an individual has a right to raise a self-defense claim. Id. In so doing, the defendant "admits the commission of the criminal act with which he was charged but contends that the act was justifiable." Martinez v. State, 981 So.2d 449, 453 (Fla. 2008). In some circumstances, however, the Florida Legislature has prohibited the use of self-defense. Section 776.041(1), Florida Statutes (2022), provides that justifiable use of force is unavailable to a person while they are "attempting to commit, committing, or escaping after the commission of, a forcible felony[.]" The jury instruction based on this statutory provision is commonly known as the "forcible felony exception." Garrell v. State, 972 So.2d 240, 242 (Fla. 2d DCA 2007).

The Defendant was found guilty by a jury.



Affirmed