The Firing Line Forums - View Single Post - At what point can one legally respond to a threat?

invention_45 · February 7, 2006, 08:59 AM

Generally: I have had some...er...trouble lately with a stalker. So, for that reason, I keep my eye on the statutes. So, Mikey, I'm sorry, but I don't know why the law was changed.

I can tell you that, since I was (and still am) in a situation that could easily call on me to use deadly force, I was disturbed by the possibility of resulting criminal/civil action, both of which are pricey, even if I win. Maybe enough other people thought the same way and just raised enough hell to get the law changed.

Hook: This is my best guess about your situation. First, since you are in a wheelchair and your assailant presumably isn't, it's pretty unlikely that any judge, policeman, DA, or jury would consider you capable of retreat against anyone determined to hurt you. Also, you don't have many options between no force and deadly force.

As an example, let's say a small angry woman is standing at the sidewalk and I'm at my front door and it's not locked. She shows a knife and threatens to use it on me. I can't shoot her unless she's starting toward me and I would probably continue yelling at her to stop till she's halfway to me (about 15 feet) before I started shooting. I could also try to go inside quickly and lock the door.

In the same situation, you are probably justified to shoot the second she turns and starts in your direction. It's unlikely you can get inside and lock the door in time.

Another example, same woman but not showing a knife is 15 feet from me. She tells you she has a knife and is going to kill/hurt me. There is a witness to all this. I would probably at least have to loudly command her to get away from me and see how she reacts before I shoot. Since I could possibly run away, I don't have to by law, but depending on the exact curcumstances, might try.

You could probably shoot her as soon as she makes her intentions known. You cannot effectively run away.

WARNING: I'm not a lawyer. But if I were on a jury that's how I would compare the two situations. Actually, if I were on a jury, an aggressor would be very hard pressed to make me vote to convict a victim who shot him/her, regardless of any disparity of strength or ability.

I'm basing my comments on FL law and on what I seem to hear is the average law in other states.

February 7, 2006, 08:59 AM	#31
invention_45 Senior Member Join Date: January 30, 2006 Location: Broward County Posts: 972	Generally: I have had some...er...trouble lately with a stalker. So, for that reason, I keep my eye on the statutes. So, Mikey, I'm sorry, but I don't know why the law was changed. I can tell you that, since I was (and still am) in a situation that could easily call on me to use deadly force, I was disturbed by the possibility of resulting criminal/civil action, both of which are pricey, even if I win. Maybe enough other people thought the same way and just raised enough hell to get the law changed. Hook: This is my best guess about your situation. First, since you are in a wheelchair and your assailant presumably isn't, it's pretty unlikely that any judge, policeman, DA, or jury would consider you capable of retreat against anyone determined to hurt you. Also, you don't have many options between no force and deadly force. As an example, let's say a small angry woman is standing at the sidewalk and I'm at my front door and it's not locked. She shows a knife and threatens to use it on me. I can't shoot her unless she's starting toward me and I would probably continue yelling at her to stop till she's halfway to me (about 15 feet) before I started shooting. I could also try to go inside quickly and lock the door. In the same situation, you are probably justified to shoot the second she turns and starts in your direction. It's unlikely you can get inside and lock the door in time. Another example, same woman but not showing a knife is 15 feet from me. She tells you she has a knife and is going to kill/hurt me. There is a witness to all this. I would probably at least have to loudly command her to get away from me and see how she reacts before I shoot. Since I could possibly run away, I don't have to by law, but depending on the exact curcumstances, might try. You could probably shoot her as soon as she makes her intentions known. You cannot effectively run away. WARNING: I'm not a lawyer. But if I were on a jury that's how I would compare the two situations. Actually, if I were on a jury, an aggressor would be very hard pressed to make me vote to convict a victim who shot him/her, regardless of any disparity of strength or ability. I'm basing my comments on FL law and on what I seem to hear is the average law in other states.