Florida Supreme Court: PTSD Can Be Relevant in Self-Defense — If Argued Correctly

Published by The Brancato Law Firm, P.A.
Attorney Rocky Brancato | Tampa Criminal Defense Lawyer

Understanding the Oquendo v. State Decision

In Oquendo v. State, SC2023-0807 (Fla. October 9, 2025), the Florida Supreme Court clarified an important question for anyone claiming self-defense — especially military veterans or trauma survivors.

The Court held that Florida’s self-defense law includes two parts:

1. Subjective belief: What the defendant actually believed at the time; and
2. Objective reasonableness: What a reasonably cautious person would have done under the same circumstances.

That distinction matters because it allows expert testimony on post-traumatic stress disorder (PTSD) to help explain how a defendant perceived danger in a moment of crisis. However, PTSD evidence alone won’t justify self-defense. The attorney must tie it directly to both parts of the legal test.

Why PTSD Matters in Self-Defense Cases

PTSD can cause someone to experience heightened fear, hypervigilance, or automatic fight-or-flight responses. For veterans or others who have survived violence, these reactions are genuine and immediate. The Court recognized that these factors can be relevant to whether the defendant actually believed their life was in danger — the subjective component of self-defense.

However, the jury must also find that the belief was objectively reasonable. That is where a skilled trial lawyer becomes essential. It takes strategy, preparation, and experience to present evidence in a way that satisfies both components of Florida’s law. The State must disprove self-defense beyond a reasonable doubt once the Defense makes a sufficient showing.

The Role of Skilled Defense Counsel

An attorney’s strategy must go beyond introducing a PTSD diagnosis. Success depends on helping jurors understand the defendant’s perception of danger without violating the “golden rule,” which prohibits asking jurors to imagine themselves in the defendant’s position.

Through careful questioning, visual evidence, and expert testimony, a strong defense can:

• Show why the defendant genuinely believed deadly force was necessary;
• Highlight the reasonableness of that belief under the circumstances; and
• Address the psychological effects of trauma without suggesting diminished capacity, which Florida law does not allow.

This approach allows jurors to feel the urgency of the moment — legally, persuasively, and within the rules of evidence. A skilled Tampa attorney for self defense cases will have done this in past at trial–and you should ask prior to hiring an attorney on a self-defense case.

Implications for Veterans and Trauma Survivors

For veterans of war, first responders, and others living with PTSD, the Oquendo decision offers a meaningful step toward fairness. It recognizes that not all fear responses are the same — and that a person’s lived experience can shape how they perceive and respond to threats.

Yet the ruling also underscores the need for experienced representation. Without the right legal framing, PTSD evidence can easily be misunderstood or excluded. A seasoned defense attorney must connect the dots between the defendant’s internal belief and what the law considers reasonable.

When to Call a Tampa Criminal Defense Attorney

If you or a loved one faces a charge involving self-defense — especially a shooting, homicide, or violent confrontation — it’s critical to act quickly. These cases turn on evidence, perception, and presentation. The Brancato Law Firm, P.A. brings over 25 years of trial experience to defending clients across Tampa Bay, Hillsborough, Pinellas, and Pasco Counties.

Explore our related practice areas:

• Tampa Gun Crime Attorney
• Tampa Violent Crime Attorney
• Tampa Homicide Attorney
• Tampa Criminal Mental Health Attorney

When your freedom is at stake, experience matters. Contact The Brancato Law Firm, P.A. at (813) 727-7159 to schedule a confidential consultation.