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webhead · December 30, 2008, 04:52 PM

Disclaimer: I'm not a lawyer and am not giving legal advice.

What is acceptable force depends not only on the situation but local law. In Ohio, exercising self defense does not limit the amount of force that can be used. I was on a jury for a case of assault. The defendant was claiming self defense for the injuries inflicted on the other person. The judge explained to us that if we found the defendant was acting in self defense, the fact that he beat the guy stupid and sent him to the hospital makes no difference. That is, a single punch or near fatal beating are the same in self defense. That is not true in Florida. I have been told by people I trust that if someone attacks you without a weapon, you better not shoot him unless you can prove that you reasonably and imminently feared for your life or grave bodily damage. I've also been told that you have to account for each shot in a self defense shooting. That is, the 1st shot was self defense but the 10th shot might be murder. Of course the situation is a little different with Florida's castle doctrine. You still have to be in fear of your life (i.e. can't shoot an intruder who is just stealing your TV) but the castle doctrine gives more latitude in determining risk to life and no requirement for retreat. But it doesn't say how many times you can shoot the intruder.

Police shot to kill and they know their pistols aren't 100% effective so they will shoot someone 15 times if they have to shoot once. Local law, the DA and probably a jury will determine if that applies to you. I hope no one ever has to find out.

December 30, 2008, 04:52 PM	#6
webhead Member Join Date: November 17, 2008 Location: Florida Posts: 30	Disclaimer: I'm not a lawyer and am not giving legal advice. What is acceptable force depends not only on the situation but local law. In Ohio, exercising self defense does not limit the amount of force that can be used. I was on a jury for a case of assault. The defendant was claiming self defense for the injuries inflicted on the other person. The judge explained to us that if we found the defendant was acting in self defense, the fact that he beat the guy stupid and sent him to the hospital makes no difference. That is, a single punch or near fatal beating are the same in self defense. That is not true in Florida. I have been told by people I trust that if someone attacks you without a weapon, you better not shoot him unless you can prove that you reasonably and imminently feared for your life or grave bodily damage. I've also been told that you have to account for each shot in a self defense shooting. That is, the 1st shot was self defense but the 10th shot might be murder. Of course the situation is a little different with Florida's castle doctrine. You still have to be in fear of your life (i.e. can't shoot an intruder who is just stealing your TV) but the castle doctrine gives more latitude in determining risk to life and no requirement for retreat. But it doesn't say how many times you can shoot the intruder. Police shot to kill and they know their pistols aren't 100% effective so they will shoot someone 15 times if they have to shoot once. Local law, the DA and probably a jury will determine if that applies to you. I hope no one ever has to find out.