Here is what he will be tried against:
Q. When can I use my handgun to protect myself?
A. Florida law justifies use of deadly force when you are:
Example of the kind of attack that will not justify defending yourself with deadly force: Two neighbors got into a fight, and one of them tried to hit the other by swinging a garden hose. The neighbor who was being attacked with the hose shot the other in the chest. The court upheld his conviction for aggravated battery with a firearm, because an attack with a garden hose is not the kind of violent assault that justifies responding with deadly force.
http://licgweb.doacs.state.fl.us/weapons/self_defense.html
Q. When can I use my handgun to protect myself?
A. Florida law justifies use of deadly force when you are:
- Trying to protect yourself or another person from death or serious bodily harm;
- Trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping.
Example of the kind of attack that will not justify defending yourself with deadly force: Two neighbors got into a fight, and one of them tried to hit the other by swinging a garden hose. The neighbor who was being attacked with the hose shot the other in the chest. The court upheld his conviction for aggravated battery with a firearm, because an attack with a garden hose is not the kind of violent assault that justifies responding with deadly force.
http://licgweb.doacs.state.fl.us/weapons/self_defense.html