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Old 09-20-2019, 12:29 PM
 
1,512 posts, read 857,462 times
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Quote:
Originally Posted by Airborneguy View Post
Definitely not upset that the perp died, but this isn’t how you handle self-defense legally.
I might have a different understanding of §35.15 than you but, yea I'm sure ...a running foot chase outside of the visual range of his premises means the homeowner is gonna get slapped with something, technically speaking.
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Old 09-20-2019, 12:34 PM
 
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Quote:
Originally Posted by RageX View Post
I might have a different understanding of §35.15 than you but, yea I'm sure ...a running foot chase outside of the visual range of his premises means the homeowner is gonna get slapped with something, technically speaking.
once you are out of your house all bets are off as to outcome . a fleeing perp is not a danger to you .
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Old 09-20-2019, 12:44 PM
 
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Once the perp tries to flee, any basis for a self defense claim is lost.
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Old 09-20-2019, 12:56 PM
 
Location: Staten Island, NY
9,039 posts, read 7,304,185 times
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Quote:
Originally Posted by RageX View Post
I might have a different understanding of §35.15 than you but, yea I'm sure ...a running foot chase outside of the visual range of his premises means the homeowner is gonna get slapped with something, technically speaking.
Yeah, that's my point.

He wasn't in a self-defense situation.

Being out of "visual range" of his house doesn't negate self-defense. Chasing the perp down, then assaulting him with a weapon when he is no longer presenting a threat most certainly does though.
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Old 09-20-2019, 03:42 PM
 
532 posts, read 421,705 times
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Quote:
Originally Posted by mathjak107 View Post
once you are out of your house all bets are off as to outcome . a fleeing perp is not a danger to you .

IDK, if someone tried to break into my house, and then was outside, I would still absolutely consider him a danger. Who knows if he's going into his car to get a gun or bringing backup. The law may disagree, but I would absolutely consider that person a danger.
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Old 09-20-2019, 04:04 PM
 
21,635 posts, read 14,343,775 times
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Quote:
Originally Posted by eddiep83 View Post
IDK, if someone tried to break into my house, and then was outside, I would still absolutely consider him a danger. Who knows if he's going into his car to get a gun or bringing backup. The law may disagree, but I would absolutely consider that person a danger.
What you're saying is true from that point of view. However by law you are only allowed to use force to repel an attack on your person/life. Once that threat ceases anything more is illegal.

Despite the oft media or whatever depiction no, you cannot deliver a serious and prolonged beat down just because a person hits/touches your person.

You most certainly cannot lay hands on someone/throw first punch without said provocation and or perceived threat.

Hotheads who still pull stunts like this find all this out:


https://www.youtube.com/watch?v=WRSTDKgUGj8
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Old 09-20-2019, 04:07 PM
 
Location: Beautiful Pelham Parkway,The Bronx
8,530 posts, read 20,572,196 times
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Quote:
Originally Posted by eddiep83 View Post
IDK, if someone tried to break into my house, and then was outside, I would still absolutely consider him a danger. Who knows if he's going into his car to get a gun or bringing backup. The law may disagree, but I would absolutely consider that person a danger.
Then you would wind up being charged and probably convicted of murder like this guy.
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Old 09-20-2019, 04:08 PM
 
73,516 posts, read 73,313,926 times
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Quote:
Originally Posted by eddiep83 View Post
IDK, if someone tried to break into my house, and then was outside, I would still absolutely consider him a danger. Who knows if he's going into his car to get a gun or bringing backup. The law may disagree, but I would absolutely consider that person a danger.
You could be as proactive as you want outside the home ...but that could set you up for a nasty outcome..

The problem today is even if you manage to beat a criminal case ,which can cost a fortune ,you still have a civil suit to deal with where it can cost you every penny ..

So situations outside the house really need to be evaluated or you. May have been better off dead then living an impoverished life because of a poor decision.

When I lived in kew garden hills we had a community driveway.... a bad guy was breaking in to cars at night for quite a while .....I was going to put a silent beeper alarm on at the time ...but thought better of confronting him armed so I just did not put the Volvo radio back in anymore and left the doors unlocked so they could just peek in
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Old 09-20-2019, 04:34 PM
 
9,726 posts, read 9,471,410 times
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Joke? You're not allowed to murder someone unless you're under danger of death yourself.
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Old 09-20-2019, 04:47 PM
 
73,516 posts, read 73,313,926 times
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Interesting reading on our self defense laws ..but remember nothing is ever black and white , just different shades of gray

https://lawofselfdefense.com/jury-in...e-of-a-person/
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