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DunedinDragon · March 23, 2006, 04:28 AM

First off, you need to know the laws of your state that apply to this situation. It's probably NOT a good idea to try to start figuring this out when you see the guy breaking into your neighbors house.

Here in Florida these are the rules:

776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

Based on that I would be within my rights to shoot the person as they are committing a burglary. Would I want to test that in this situation? Probably not. I'm with several of the others here. I'd use my phone, take a picture of the burglar and his car, and let the police handle it.

On the other hand part of me wants to say I'd do the same as you did but when the guy said, "What are you going to do? Shoot me?" I'd say, "yep, and I'd be perfectly justified in doing it ******* based on our laws here. Welcome to Florida jackass...now sit down or get yer head blown off."

March 23, 2006, 04:28 AM	#29
DunedinDragon Senior Member Join Date: March 12, 2006 Posts: 198	First off, you need to know the laws of your state that apply to this situation. It's probably NOT a good idea to try to start figuring this out when you see the guy breaking into your neighbors house. Here in Florida these are the rules: 776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be. 776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual. Based on that I would be within my rights to shoot the person as they are committing a burglary. Would I want to test that in this situation? Probably not. I'm with several of the others here. I'd use my phone, take a picture of the burglar and his car, and let the police handle it. On the other hand part of me wants to say I'd do the same as you did but when the guy said, "What are you going to do? Shoot me?" I'd say, "yep, and I'd be perfectly justified in doing it ******* based on our laws here. Welcome to Florida jackass...now sit down or get yer head blown off."