Assault, Battery & Self-Defense

What if the other person started it?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
It matters, but it isn't automatically dispositive. Who started it and who was justified are different questions.

Being the one who didn't start it helps, and it's usually the first fact developed. But it doesn't answer everything.

Two complications.

The response has to remain proportionate. Someone who shoved you doesn't justify deadly force. Force that continues after the threat ends stops being defensive — and cases where the initial victim pursued or continued striking after the other person stopped are prosecuted.

Who started it is frequently disputed. Each person says the other did. Absent video, this becomes a credibility question resolved by whichever account the evidence better supports — which is why injuries, witnesses, and prior statements matter so much.

There's also the initial aggressor rule running the other way: a person who started it can regain the right to defend themselves by withdrawing and communicating that withdrawal.

So the useful question isn't just who threw the first punch. It's what happened after, and whether the force used stayed within what the situation justified.

Who started it is the first question, not the last one. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.