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To: Aunt Polgara

Here’s something I never understood about this stuff in general:

You can shoot if it’s to stop a felony, such as robbery, but, otherwise, if someone’s coming to just “beat you up” you can’t.

Robbery is the forcible taking of property from your person and does not have to involve a weapon. Still a felony unarmed.

So why would someone trying to beat you up not be shoot-worthy when it is if they also try to take your wallet or sneakers or what not?


7 posted on 04/19/2012 12:29:41 PM PDT by fruser1
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To: fruser1
That doesn't make sense to me either. I don't know if assault and battery is a felony or not but how much of a beating do you have to take before you can use lethal force to stop it? If you let your attacker beat you until it's absolutely clear that he's going to kill or do serious bodily harm to you then you won't be in much shape to draw and use a weapon.

Not to mention that if you let it go that far it's highly probable that your attacker will have noticed that you're carrying a gun and since you let him beat you nearly to unconsciousness how are you going to retain it?

10 posted on 04/19/2012 12:42:26 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: fruser1
-- You can shoot if it's to stop a felony, such as robbery ... --

It has to be a forcible felony. Robbery is on the list.

The law allows you to meet force with equal force, but puts fairly tight limits on being justified in the use of deadly force.

-- So why would someone trying to beat you up not be shoot-worthy when it is if they also try to take your wallet or sneakers or what not? --

Good question. I don't have a good answer, except the law reflects a policy decision. At the same time, if the beating is of a nature that would put a reasonable person in fear of death or serious injury, then deadly force in response is justified. Being slapped, not justification for a shoot. Overwhelmed with physical force, or the opponent shows a knife or gun, or the beating continues for a length of time, etc. - the judge or jury will decide if it's reasonable to be in fear for your life. There is a recent FL case where a guy was justified in shooting at an adversary who was throwing beer bottles at his head - the throwing was a felony and justified the shoot.

12 posted on 04/19/2012 12:45:33 PM PDT by Cboldt
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