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Old May 29, 2010, 08:05 AM   #4
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
Yes, somebody is leaving out important details. Florida has some of the better self-defense laws in the nation. There is no way that someone shot a knife-wielding intruder in the midst of a home invasion and went to jail for it. There are missing facts to that story.

Here is the current Florida definition of "deadly force":

Quote:
776.06 Deadly force.--

(1) The term "deadly force" means force that is likely to cause death or great bodily harm and includes, but is not limited to:
A good case discussing the distinction of whether a knife is deadly force under Florida law is Waldo vs. State of Florida, 728 So. 2d 280 (1999)

Quote:
Note the sentence on not provoking the attacker. It is entirely possible that a person could come in uninvited and then you escalate the situation to provoke a fight.
You have misunderstood Texas law. A home invader would fall under other sections of 9.32 and isn't subject to the section you quoted, which deals with the duty to retreat while out in public.
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