Naples Stabbing: Man Claims He Was Defending His Daughters from “Harassment”

 A recent stabbing in Naples has raised questions on when – and how – a father is legally justified in defending his teenage daughters. A man was taken into custody after allegedly using deadly force against a man who allegedly “harassed” his daughters. Independent witnesses seem to corroborate the father’s story – but is this really enough to argue self-defense in Naples? How can you avoid charges if you were forced to use deadly force while protecting your family?

Father Charged With Aggravated Battery with Deadly Weapon 

Police say that a man has been charged with aggravated battery with a deadly weapon after a confrontation in Naples. The defendant claims that he was simply trying to defend his three teenage daughters from another individual. After this individual began harassing his girls (the youngest of whom is 14), the father became confrontational.

What happened next isn’t exactly clear. But at some point, the father produced a knife and stabbed the other individual. While he did not cause fatal wounds, this act was enough to cause aggravated battery charges.

Witnesses say that the other individual “lunged” at the father three times, and it was only after these aggressive movements that the stabbing occurred. It is worth noting that the other individual was also arrested on misdemeanor battery charges – although these were later upgraded to felonies due to prior convictions.

Could This Man Argue Self-Defense? 

The circumstances of this case are extremely vague, and it is difficult to make assessments without more detailed information. That being said, there are numerous Florida laws that may apply to this situation.

Perhaps most notably, Florida’s “forcible felony” laws could apply. Under this system, you can exercise self-defense against those carrying out certain violent felonies. These include offenses like murder, arson, rape, aggravated stalking, sexual battery, and many others.

The question is whether the alleged aggressor in this scenario was carrying out a forcible felony at the moment he was stabbed. According to the father, he confronted the man after he started harassing his daughters. Harassment is not a forcible felony in Florida, but one has to wonder what exactly this man did to the teenage girls. If he committed a crime more along the lines of sexual battery, then the father may have been justified in using deadly force.

However, the exact nature of this harassment may be a moot point if the witness testimony is accurate. According to these witnesses, the aggressor lunged at the father three times before he was stabbed. This lunging could arguably cause fear of imminent harm, potentially justifying the use of deadly force. The main issue with this argument is that the force may not have been “proportionate” if the aggressor was not also armed with a knife.

Find an Experienced Self-Defense Lawyer in Naples 

If you used deadly force and you’re facing criminal charges for protecting someone you love, contact an experienced Fort Myers criminal defense lawyer right away. Choose The Foley & Wilson Law Firm to discuss your unique situation in more detail. Although it can be challenging to argue self-defense, your chances may be better when working alongside legal professionals. Reach out today to get started on a defense strategy.

Source:

naplesnews.com/story/news/crime/2024/05/28/naples-police-confrontation-escalates-to-stabbing/73881084007/