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2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) The actor reasonably believes that such other person is using or
about to use deadly physical force. Even in such case, however, the
actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actor is under no
duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor;
------
Due to the current heated political environment we are in, I personally believe the DA can potentially turn against you by saying you had the "opportunity for duty to retreat" but you chose to engage the perp instead and shot him based on the points I bolded. In other words, if the intruder/perp is unarmed and you have the opportunity to escape, the police and DA can still press charges against you even if you said you were defending yourself and etc.
No you are misreading the sequence
you may not use deadly force if you are convinced you can get out of the situation without having to use it.
If this is the case you are required to retreat. You cannot stand your ground.
However the except to that is
under NO duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor;
If you are in your dwelling there is NO duty to retreat if you did not initiate the situation.
However if somebody had assaulted you near your home and then after it was over and then turned back and purposely insulted them or said something to try to get them to follow you into your home
--so that you could kill them with a gun in have right behind the door in revenge,
if someone else witnessed that or there was a camera of you doing a "come here" sign with your finger you could face murder charges.
If someone breaks in my home, the story will end with them being shot. I legally own my weapon. I will give a verbal warning and let you go. If you make any attempt at me or a sign that your packing heat your getting killed on the spot.
No you are misreading the sequence
you may not use deadly force if you are convinced you can get out of the situation without having to use it.
If this is the case you are required to retreat. You cannot stand your ground.
However the except to that is
under NO duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor;
If you are in your dwelling there is NO duty to retreat if you did not initiate the situation.
However if somebody had assaulted you near your home and then after it was over and then turned back and purposely insulted them or said something to try to get them to follow you into your home
--so that you could kill them with a gun in have right behind the door in revenge,
if someone else witnessed that or there was a camera of you doing a "come here" sign with your finger you could face murder charges.
Thanks for the clarification, this makes a lot more sense and seems reasonable. Looking back, I definitely misread it. My bad.
Quick question, does “dwelling” also apply to your backyard and non attached garage? I definitely want to be able to secure my assets to the best of my ability legally.
In the event you had a home invader, anything is better then you or family members dead. The common "they grew up in a broken home" defense is often used for criminals. Pile of crap but thats often how it goes.
You are missing the whole point of this thread. This is not about home invasion
This is the proposed scenario. You are livie in a house and one day you are half a block away from your house on your way home.
Somebody then sucker punches you from behind. You fall down.
While on the ground you are dazed for a moment but in a few seconds recover to full consciousness
but as this is happening you can feel that person pull your wallet out of your pocket and walk away with it.
But as they are walking away and when they are at a certain calculated distance from you, you try to get them to turn back around and follow you. You say "come and get me (curse word) " and they are following you again as you approach your house.
You are ahead of them and you have this loaded shot gun inside the house near to the door but off to the side in a closet and you have enough distance to easily to grab it and be inside and off to the side of the door, out of view. The person enters and you kill them with the shot gun. They never saw it coming.
Then in court you leave out the part where you goaded them to follow you and you lie and said you ran there and didn't have time to lock the door or merely threaten them with the gun.
Since there are no witnesses and this law protects you legally as per defending your "castle" so you get away will a revenge killing and get your wallet back.
Last edited by jonbenson; 08-19-2020 at 11:49 PM..
I dont know. Who knows how often that kind of deal can be made?
I mean, if say I rob a store, and then someone tries to rob from me what I took, and I defend myself, does that absolve me of robbing the store? And remember just possessing an illegal gun is illegal.
massad ayoob is the countries biggest expert testimony in self defense and always busy in court .. simply because very few self defense cases are black and white and end up being different shades of gray with the good guy being charged.
even if found innocent , this country still allows you to lose everything you have or will have through a civil suit ... great county aint it .
Last edited by mathjak107; 08-20-2020 at 03:37 AM..
Learn a great deal from Airborne. Keep it coming. I like what I’m hearing so far. Haha
Response:
Airborne is spot on. He is only addressing a Law that has been in existence before most
posters on this forum were even born. Welcome any unwanted guest into your home with a
blanket party.
You are missing the whole point of this thread. This is not about home invasion
This is the proposed scenario. You are livie in a house and one day you are half a block away from your house on your way home.
Somebody then sucker punches you from behind. You fall down.
While on the ground you are dazed for a moment but in a few seconds recover to full consciousness
but as this is happening you can feel that person pull your wallet out of your pocket and walk away with it.
But as they are walking away and when they are at a certain calculated distance from you, you try to get them to turn back around and follow you. You say "come and get me (curse word) " and they are following you again as you approach your house.
You are ahead of them and you have this loaded shot gun inside the house near to the door but off to the side in a closet and you have enough distance to easily to grab it and be inside and off to the side of the door, out of view. The person enters and you kill them with the shot gun. They never saw it coming.
Then in court you leave out the part where you goaded them to follow you and you lie and said you ran there and didn't have time to lock the door or merely threaten them with the gun.
Since there are no witnesses and this law protects you legally as per defending your "castle" so you get away will a revenge killing and get your wallet back.
Response: Makes for a good movie.
But you left out the part of who ends up cleaning that nasty stain on the floor........................(sarcasm).
You are missing the whole point of this thread. This is not about home invasion
This is the proposed scenario. You are livie in a house and one day you are half a block away from your house on your way home.
Somebody then sucker punches you from behind. You fall down.
While on the ground you are dazed for a moment but in a few seconds recover to full consciousness
but as this is happening you can feel that person pull your wallet out of your pocket and walk away with it.
But as they are walking away and when they are at a certain calculated distance from you, you try to get them to turn back around and follow you. You say "come and get me (curse word) " and they are following you again as you approach your house.
You are ahead of them and you have this loaded shot gun inside the house near to the door but off to the side in a closet and you have enough distance to easily to grab it and be inside and off to the side of the door, out of view. The person enters and you kill them with the shot gun. They never saw it coming.
Then in court you leave out the part where you goaded them to follow you and you lie and said you ran there and didn't have time to lock the door or merely threaten them with the gun.
Since there are no witnesses and this law protects you legally as per defending your "castle" so you get away will a revenge killing and get your wallet back.
Great wild scenario, but not even close to what I said. Starting with "half a block away."
For what reason would an unknown person follow you into your house besides to do harm?
You said near your home which is much broader than following you into your house. The way you wrote it also makes it sound like even say a disagreement with someone warrants a death penalty.
I don’t know about following you into your home—which isn’t what you originally said, but there are cases of strangers showing up at the door where they aren’t there to cause harm even if the resident themselves feel nervousness or apprehension.
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