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To: jurroppi1

You should also ask a lawyer with whom you consult for the definition of “reasonable fear” and have that explained to you.

A quick, “plain reading” of “reasonable fear” is this: If other reasonable people, eg, those on your jury, presented with the same facts that you had AT THE TIME, come to the conclusion that you were under threat of death or great bodily injury/harm, then you are said to have had a “reasonable fear” that justified a lethal (or “possibly lethal”) response with a weapon.

This is in contrast to “stark fear,” which isn’t necessarily going to stand up in a court that you thought through what you needed to do.

Generally speaking, if someone has forced their way into your house, you’re inside, they’re carrying a weapon (it need not be a gun or knife - a bat or piece of pipe would fit the definition of ‘weapon’), then you have a reasonable fear. Some states now require you to retreat. Some states do not.

The only state where you can shoot someone on your property (ie, in your yard, not in your house) to my knowledge is Texas, and it has to be at night. In all other states where I’ve read court cases, you must be in your house. If someone assaults you or threatens you in your yard, you have to retreat to your dwelling. If the attack pursues you into your dwelling, now the attacker has crossed a pretty clear threshold in most, but not all, states and state case law.

You NEED to talk to an attorney in your state.


7 posted on 07/28/2008 12:47:39 PM PDT by NVDave
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To: NVDave

“Texas, and it has to be at night”

I don’t think so. Google: Joe Horn

I believe it was afternoon when the shooting happened.


16 posted on 07/28/2008 1:32:57 PM PDT by wolfcreek (I see miles and miles of Texas....let's keep it that way.)
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