I am a real lawyer.
You can’t shoot someone for stealing a car
And therein lies the problem.
/johnny
Question here for a REAL lawyer(s) ...
You as a credit card holder call the credit card company to dispute a charge. As you sit waiting for a live person to answer you hear a recording say, this call may or is being taped ... You are not asked if that is ok as it is a recording. 15 minutes later in the conversation you tell the CC rep that you too are taping the call, since they are taping it. The rep says you can’t and you do not have their permission to tape it — rep will not give you their name and hangs up.
Since when has this become a one-way world? A company has a right that you do not?
My take is the minute you are advised by the party you are calling that they are taping, you are in-turn granted that right to tape it yourself. PERIOD.
A lawyers take would be nice here. I am in Florida.
What about Texas?
Here in Washington State you can. Although this punk had already ceased trying to steal this car, so it was a bad shoot.
You can’t shoot someone for stealing a car.
Under the particular circumstances cited here, I understand. But wouldn't there be exceptions?
Such as you stopping to help someone on a deserted highway and they jack your car?
Same thing in an inner city full of feral animals? (Though I would never stop in such circumstances)
On a city street at a stoplight?
Defenseless passengers in your car?
in Texas you can. on your property. A repo man went into someone’s car port to hook up a wrecker to take back a car in Texas. the repo man was shot dead. the property owner was exonerated.
I guess it depends on where you are and how much you like your car? Myself, I can’t see myself doing that, unless I was in 2 hours in the bush working and someone tries to make off with my truck. That could make my situation life threatening heh.
You most certainly can shoot someone for stealing a car. The problem is that prosecutors tend to frown on that behavior.
Unless the shooter can convince a skeptical cop and prosecutor, and a potentially more sympathetic jury, that he could have reasonably believed his life was in danger, it may not go well. As for a guy who can’t settle in advance on whether he shot the thief or a friend did, he’s not going to make a convincing case for self-defense, even if he has my full sympathy.
Responding to: “I am a real lawyer. You can’t shoot someone for stealing a car.”
Dealer perp forgot key element of intentionally jumping in front of moving car and drilling the perp in car for trying to kill with said car. That is the common cop tactic for a righteous shoot.....plus erasing the dash cam video. (sarc)
This is an important legal topic and pretty confusing given the range of actions that can occur when you find someone stealing your property.
Perps armed to not? With what? Many criminal tools (hammer, screw drivers) are deadly weapons.
Rules are different for inside domicile vs business/out buildings.
Can you stand in front of their car to “hold them” and they try to run you down.
Can you shoot their tires out....or radiator...as a neighbor of mine did and was not prosecuted but rather acclaimed a hero.
etc etc etc
As it is frequently argued, a truck can be backed up to a detached garage or barn and its contents loaded into said truck and driven off. The owner can do little unless his life is threatened.
Does just moving to the scene of the crime armed constitute needless escalation?
Fuzzy area that needs cleaned up to the benefit of the victim and not the thief.
Not too many years ago self defense laws needed reconciled for the same general reason.
You can’t shoot someone for stealing a car
It may be against the law, aside from that, shooting the bastard was the right thing to do.
Beg to differ. You can in Nevada. In this case the shooter was not charged.
http://www.freerepublic.com/focus/f-news/1817895/posts
I am a real lawyer. You can’t shoot someone for stealing a car
A lawyer knows that the Texas statutes clearly state the words “crime, theft, and others that demonstrate the unlawful taking of one’s property or violation of felonious infractions.
You are certainly NOT from Texas.
It varies by state, but if the kid was not trying to escape after being caught, I’m pretty sure that the shooter is going to prison for quite some time.
Al Sharpton and Jesse Jackson will be all over this. Oops; maybe not, the shooter is black.
“You can’t shoot someone for stealing a car.”
Depends on where one lives. When I was in blue state Maryland, I could. There, deadly force in defense of property is legal.
I now live in Virginia, a state with much better gun laws. However, deadly force cannot be used here to defend property.
Why not? It is property & I have a right to defend MY property!!!
IF someone comes onto MY property to take ANYTHING I will defend it-—and myself.
I don’t care if it is a vehicle—a bale of hay—a toolbox—whatever- IT IS MINE. Not something that I should simply give up to a thief.
Your tag line says your heroes have always been cowboys....
Do you think cowboys don’t protect & defend their property???
Depends on the circumstances. If I am approached in my car by a person who pulls a gun on me, demanding my car and I have my weapon with me, he is fair game because he is endangering my life.
In Texas you can. :-)