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does anyone know if its legal....
- Thread starter JustinM
- Start date
HappyScrappy
New member
lol - I can just see you now sitting in your car, leaning over to your laptop in the passenger seat typing this in going "come on! come on!"
Peyote Killa
New member
I don't see why not.
But you should ask Satanic Goatslayer for advice on this, he is very insightful on defense tactics, but about the law, that kinda gets thrown out the window.
But you should ask Satanic Goatslayer for advice on this, he is very insightful on defense tactics, but about the law, that kinda gets thrown out the window.
I am not a lawyer but the answer is probably not, unless you can claim that you were just attempting to flee and "accidentally" hit the person. From my understanding, generally in order to use deadly force your life or someone else's must be in eminent danger. So if the guy is standing in the middle of a parking lot and you have the ability to drive the other way to avoid danger I don't think you could claim self defense if you intentionally ran him down.JustinM said:
HappyScrappy
New member
what about imminent danger to your car? like say they were getting ready to smash the baseball bat into your hood - that's reason enough to kill em all right?
how about just terribly maiming?
sounds good to me.
how about just terribly maiming?
sounds good to me.
Lao Tzu
New member
pm ryanH, manny78, citruscide, litig8r, etc. they are all lawyers.
i would assume it varies state to state. but i know you can use reasonable force to protect self & property. but i don't know about running someone over. i 'guess' you are supposed to drive away rather than run them over if that happens. only if you were trapped would you be allowed to run them over. but that is just a guess.
i would assume it varies state to state. but i know you can use reasonable force to protect self & property. but i don't know about running someone over. i 'guess' you are supposed to drive away rather than run them over if that happens. only if you were trapped would you be allowed to run them over. but that is just a guess.
HappyScrappy
New member
not that it has any bearing in any of this, but I think manny78 is involved in law, but he isn't a lawyer if I recall correctly
C
Code
Guest
No it's not.
You have every chance in this situation to leave the scene.
You have every chance in this situation to leave the scene.
smallmovesal
New member
manny has a law degree
Buy a gun and keep it in your car. Next time someone comes at you with a baseball bat, just step out of the vehicle with your weapon drawn and do whatever you want.
javaguru
Banned
If you can convince a jury that you believed your life was in imminent danger then go ahead and run them over. However, there's no guarantee and it will likely cost you $5,000.00+ to find out. Definitely not worth the hassle, just look at the "hockey dad" case to see how pointless it is to engage in violent behavior, even if provoked.
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Citruscide
Guest
JustinM said:
Tough call. Some courts would say you are not in immediate threat of deadly force... I would judge that a baseball bat is deadly force... here's the catcher... if you could get away, you should. say if you could drive around him, and in the process your window would be smashed out but you'd get away... you should do that. The logic behind it is if there is property damage to your car, there is always a legal remedy for that... which can be fixed... human life can't be. Hence, the courts put a higher value on human life.
If there was ABSOLUTELY NO other alternative, and you would be hit with the baseball bat, then yeah... but I don't see this situation ever coming up in real life.
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Y_lifter
New member
Again, in most states you have the obligation to Flee if you can.
You must prove to the court that you had no ability to flee and hence were forced to defend yourself.
Also coming into play is the difference between attacker and attacked. If a tiny woman is attacking you with a bat and you are, .. "Bouncer" lets say, you will probably not be justified in killing them.
Below relating to use of deadly force FIREARM in Florida...
Lawful Use Of A Firearm For Defense
A license to carry a firearm is not a license to use it. Under Florida law, you can use deadly force only if you reasonably believe yourself or another person to be in danger of death or serious personal injury, or to prevent the imminent commission of a forcible felony (such as rape, robbery or carjacking). There are two important concepts to remember: The first is the "Duty To Retreat"; this means that if you can avoid the danger by running away, then run away, no matter how you may feel that this affects your honor. The second is the "Castle Doctrine", which means that you do NOT have a "Duty To Retreat" when in your own home or place of business; you can stand your ground and defend your premises and possessions even if you could avoid personal danger by running away.
You must prove to the court that you had no ability to flee and hence were forced to defend yourself.
Also coming into play is the difference between attacker and attacked. If a tiny woman is attacking you with a bat and you are, .. "Bouncer" lets say, you will probably not be justified in killing them.
Below relating to use of deadly force FIREARM in Florida...
Lawful Use Of A Firearm For Defense
A license to carry a firearm is not a license to use it. Under Florida law, you can use deadly force only if you reasonably believe yourself or another person to be in danger of death or serious personal injury, or to prevent the imminent commission of a forcible felony (such as rape, robbery or carjacking). There are two important concepts to remember: The first is the "Duty To Retreat"; this means that if you can avoid the danger by running away, then run away, no matter how you may feel that this affects your honor. The second is the "Castle Doctrine", which means that you do NOT have a "Duty To Retreat" when in your own home or place of business; you can stand your ground and defend your premises and possessions even if you could avoid personal danger by running away.
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