Chances of charges being brought and sticking

[flapjack34429]

you should move to fl. the new laws here dont allow those frivolous law suit.

The Florida "Castle Doctrine" law basically does three things:

One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.]

Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.

In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.

 

[Krugerr]

Krugerr, don't you live in the country where that farmer lost his home when he got sued by a burglar who he injured after the burglar broke into his home for something like the 10th time?!

At least in most parts of the US you can defend your home with physical force. A cop once told me if you shoot a criminal on your front lawn, drag his corpse across your front door threshold and you should be fine.

I havent heard of that incident, but thats not to say it didnt happen. The law here is kinda going through a change. I believe that were going to shift slightly more toward the US's way of thinking.Recently there have been several burglars killed, and no charges brought against the killer (Homeowner). One incident was a guy at home with his 4 year old daughter, he grabbed a knife and stabbed him. He felt threatened and that's enough now to be let off. Which I think is perfectly acceptable. If someone breaks into my house, with my son and girlfriend in, I dont care what the law states. That fucker is going to suffer.

However, the law here says that if someone is on your property, and you then ask them to leave. They are now trespassing, and if they refuse to leave, you can physically remove them. Even though, by doing so, you are causing 'Common Assault'.

I recently had to go and get SIA approved to become a Door Supervisor (Doorman) and had to sit 3 exams on this shit!

 

[JimJohnson]

Krugerr, don't you live in the country where that farmer lost his home when he got sued by a burglar who he injured after the burglar broke into his home for something like the 10th time?!

At least in most parts of the US you can defend your home with physical force. A cop once told me if you shoot a criminal on your front lawn, drag his corpse across your front door threshold and you should be fine.

I havent heard of that incident, but thats not to say it didnt happen. The law here is kinda going through a change. I believe that were going to shift slightly more toward the US's way of thinking.Recently there have been several burglars killed, and no charges brought against the killer (Homeowner). One incident was a guy at home with his 4 year old daughter, he grabbed a knife and stabbed him. He felt threatened and that's enough now to be let off. Which I think is perfectly acceptable. If someone breaks into my house, with my son and girlfriend in, I dont care what the law states. That fucker is going to suffer.

However, the law here says that if someone is on your property, and you then ask them to leave. They are now trespassing, and if they refuse to leave, you can physically remove them. Even though, by doing so, you are causing 'Common Assault'.

I recently had to go and get SIA approved to become a Door Supervisor (Doorman) and had to sit 3 exams on this shit!

You have different types of home invasions though. Some are just looking for a scare you away grab your goods and split. Specially if face is covered. It shows they do not want to get seen/caught. Stabbing that guy while defending your property doesn't give you the right to take his life.

You can physically remove people from your property here as well but it comes down to the court if you crossed a line and used unnecessary force.

 

[SiegeTank]

Krugerr, don't you live in the country where that farmer lost his home when he got sued by a burglar who he injured after the burglar broke into his home for something like the 10th time?!

........

I havent heard of that incident, but thats not to say it didnt happen.

http://news.bbc.co.uk/2/hi/uk_news/england/2600303.stm

Amazing but true!

 

[Krugerr]

That depends I suppose JJ. In my opinion, if they break into my home, whilst I am in it, they are intending to intimidate and scare me. If I am fearful and respond, thats fair. Confronting the burglar, running to get a knife, and then coming back to stab him isnt a respose, thats premeditated murder. You intended to kill him, and werent reacting in the moment.

Wow Seigetank. I dont remember that case!! He did shoot the burglar though, and the use of firearms for protection here is forbidden. You can own a rifle or shotgun, but for the purpose of hunting only. Small arms (Handguns) are completely banned. That my be the reason the court favored the criminal in this case. Its still a little ridiculous though!!!

 

[fauxshizle]

I would also warn your friends ahead of time to be available to repeat their statements about the incident. They will prob need to be called upon or at least submit a separate written statement to your attorney.

 

[fauxshizle]

Good thing about most US states....considering guns are legal, even concealed.
If you break into my home, I will shoot you in the face with a shotgun, no questions asked, dead men cant talk, and "it looked like he had a gun" ....it really doesn't matter thow if someone breaks into your house...you can kill em without the worry of being wrongly prosecuted.

 

[twizzops]

The laws are different in each state. In South Carolina for instance, the Castle Doctrine extends to the house, occupied vehicle and place of business. It allows me to protect myself and my family without fear of prosecution or fear of civil suit. Someone's breaking into my house, car or business I can shoot and the cops will probably give me a high five afterwards.

That said in North Carolina, the laws are very different. I would have to be in immediate danger to use deadly force, meaning if they had my TV in there hands, they can run out of the house without me shooting them. If I shoot them, I go to jail also because my life wasn't in immediate danger.

This all applies to your property.

The issue is, jjmanfdl was out in a public place. What really matters is what the law is for that State/County/City that jjmanfdl lives in. You need to speak with a lawyer and you will know what you need to do from there.

 

[MROUTLAW]

just remember anyone can sue , they just have to prove to win but that dont mean it might not cost alot to prepare for the suit.

i personally think once he throws this out to his pals they will tell em hey you got lippy dude shut you up, dont make a ass out of yourself by persueing this.
i mean cmon he goes to court you hit him one time, wasnt like you tried to kill him and dude dropped like a brick thats just emberassing no matter who ya are
get lippy get dropped, no problem!

 

[Blitzkrieg]

The laws are different in each state. In South Carolina for instance, the Castle Doctrine extends to the house, occupied vehicle and place of business. It allows me to protect myself and my family without fear of prosecution or fear of civil suit. Someone's breaking into my house, car or business I can shoot and the cops will probably give me a high five afterwards.

That said in North Carolina, the laws are very different. I would have to be in immediate danger to use deadly force, meaning if they had my TV in there hands, they can run out of the house without me shooting them. If I shoot them, I go to jail also because my life wasn't in immediate danger.

This all applies to your property.

The issue is, jjmanfdl was out in a public place. What really matters is what the law is for that State/County/City that jjmanfdl lives in. You need to speak with a lawyer and you will know what you need to do from there.

This. Castle Doctrine implies absolute right to stand ground. "Defend your castle at all costs." You have to know your localities law.

 

[jjmanfdl]

I guess no news is good news. It's been two weeks now and haven't had anyone make contact with me about this incident. I've been checking public records to see if anything has been filed against me and as of this point nothing has.

 

[JDEKnox]

i call that a win