Writing about the Florida Stand your ground law....
Jul 15, 2013 16:58:46 #
The Stand Your Ground doctrine in can be found in Florida Statute § 776.013(3) (2012). Take a look at some key parts of the legislation:
§ 776.013. Home protection; use of deadly force; presumption of fear of death or great bodily harm
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
Most states have enacted the castle doctrine, which says that you have a right to use deadly force to protect your home if you reasonably believe that your life is in jeopardy, but the Florida law goes one step further and permits individuals to stand their ground anywhere they have a right to be without requiring them to retreat first.
A person who uses force as permitted in s. 776.013 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force... As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.
That means you are immune from prosecution or civil liability because you are allowed to use the force. When Stand Your Ground is successfully asserted following a k*****g, the homicide is considered justified, which means there wont be any criminal charges filed and you cannot held liable in a civil case either.
So as you listen to all the taking heads on TV, realize it is Zimmerman who is now cleared of wrong doing and that he is now immune from civil charges and holds the upper hand against all those who prosecuted him in any form or manner.
You go George. Tear them a new one and drain their wallets.
§ 776.013. Home protection; use of deadly force; presumption of fear of death or great bodily harm
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
Most states have enacted the castle doctrine, which says that you have a right to use deadly force to protect your home if you reasonably believe that your life is in jeopardy, but the Florida law goes one step further and permits individuals to stand their ground anywhere they have a right to be without requiring them to retreat first.
A person who uses force as permitted in s. 776.013 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force... As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.
That means you are immune from prosecution or civil liability because you are allowed to use the force. When Stand Your Ground is successfully asserted following a k*****g, the homicide is considered justified, which means there wont be any criminal charges filed and you cannot held liable in a civil case either.
So as you listen to all the taking heads on TV, realize it is Zimmerman who is now cleared of wrong doing and that he is now immune from civil charges and holds the upper hand against all those who prosecuted him in any form or manner.
You go George. Tear them a new one and drain their wallets.
Jul 15, 2013 17:08:19 #
Stand Your Ground laws exist in at least 25 states, including North Carolina and Florida. Sometimes called "Shoot First" laws or "Make My Day" laws, the extent to which one can legally go to defend himself or another are dictated by these rules.
North Carolina Stand Your Ground law (N.C.G.S. 14 51.3) currently reads, in part, as follows:
[A] person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies:
a) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.
In addition:
b) Under the circumstances permitted pursuant to G.S. 14 51.2, generally that you are in your home, workplace or car and are in fear for yours or another's life
Subsection (b) is often referred to as the Castle Doctrine. This subsection recognizes that a home should be one's castle and that you should be allowed to legally defend yourself and your family when an intruder or trespasser poses a threat.
You should search your state on Google for "stand your ground". You might be surprised.
North Carolina Stand Your Ground law (N.C.G.S. 14 51.3) currently reads, in part, as follows:
[A] person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies:
a) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.
In addition:
b) Under the circumstances permitted pursuant to G.S. 14 51.2, generally that you are in your home, workplace or car and are in fear for yours or another's life
Subsection (b) is often referred to as the Castle Doctrine. This subsection recognizes that a home should be one's castle and that you should be allowed to legally defend yourself and your family when an intruder or trespasser poses a threat.
You should search your state on Google for "stand your ground". You might be surprised.
Jul 15, 2013 23:23:22 #
Here is an example. Suppose you are driving your car lawfully down the road. You run into a bunch from the hood, they surround your car and one of them runs up to your car and breaks out your windshield. He then approaches your door and tries to break in. He then breaks your window and tries to reach in your car.
What can you do?
What can you do?
Jul 15, 2013 23:26:45 #
Take this example. You are legally carrying a concealed weapon in a convenience store, when a thug pulls a gun and in the process of robbing the store, starts making general threats to everyone else in the store. What can you legally do?
Jul 16, 2013 07:25:19 #
TheC*****r wrote:
Take this example. You are legally carrying a concealed weapon in a convenience store, when a thug pulls a gun and in the process of robbing the store, starts making general threats to everyone else in the store. What can you legally do?
Where I live, you can shoot him.
Jul 16, 2013 07:30:23 #
TheC*****r wrote:
Here is an example. Suppose you are driving your car lawfully down the road. You run into a bunch from the hood, they surround your car and one of them runs up to your car and breaks out your windshield. He then approaches your door and tries to break in. He then breaks your window and tries to reach in your car.
What can you do?
What can you do?
Once more, where I live, you can shoot him. On your property, or someone else's property, the standards are a bit higher, but your house, car, or business, if you own one, is considered a clear and immediate threat. A good deal depends on the proximity. Generally there has to be an immediate threat, so if you shoot him with a rifle at a hundred yards, you will have trouble making it stick, unless he has a rifle also.
Jul 16, 2013 10:07:11 #
banjojack wrote:
Once more, where I live, you can shoot him. On your property, or someone else's property, the standards are a bit higher, but your house, car, or business, if you own one, is considered a clear and immediate threat. A good deal depends on the proximity. Generally there has to be an immediate threat, so if you shoot him with a rifle at a hundred yards, you will have trouble making it stick, unless he has a rifle also.
Quid Pro Quo, banjojack: There is a similar United States Supreme Court case, BTW out of Florida, called Fuentes (sp?). It's a repossession car case. The Supreme Court essentially ruled that if the car is in the street, no problem. If the car is in the driveway, if you can repossess the car without physical confrontation, fine. But if the car is in the garage, probably not.
Jul 16, 2013 22:08:55 #
CrazyHorse wrote:
Quid Pro Quo, banjojack: There is a similar United States Supreme Court case, BTW out of Florida, called Fuentes (sp?). It's a repossession car case. The Supreme Court essentially ruled that if the car is in the street, no problem. If the car is in the driveway, if you can repossess the car without physical confrontation, fine. But if the car is in the garage, probably not.
Once again, there has to be an immediate threat. The standard is higher if you are not in a building or vehicle. You have no duty to retreat, but you or someone else must be in immediate danger. Usually, also, the law is far more lenient if you are on your own property.
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