View Single Post
Old October 24, 2008, 03:45 PM   #25
Brian Pfleuger
Moderator Emeritus
 
Join Date: June 25, 2008
Location: Austin, CO
Posts: 19,578
Quote:
Carjacking is NOT a property crime, no matter how anyone tries to spin it. It's Robbery (in this case, Aggravated Robbery because of the gun), which is a crime against a person...the same as Sexual Assault, Murder, etc. And a completely different animal than Car Theft, which is a property crime.

Disclaimer- ***I am not saying if he's already taken your car and is driving away, then you should start shooting. GP said if the guy had a gun and was still getting into his car, then he MIGHT shoot.

MMMmmm, maybe. In most places you'd have to show that you considered yourself to be in imminent danger of death or grievous injury. The "type" of crime doesn't matter per say, so much as were you in immediate danger of death or life-threatening injury. Sure, with some crimes risk of death or injury is implied in the event but I don't think you'd win a case saying a car jacker was going to kill you simply because stealing your car is an indication your about to be killed. As I said above, gun pointed in your direction, your probably clear to shoot, otherwise it's going to be a tough case.
__________________
Nobody plans to screw up their lives...
...they just don't plan not to.
-Andy Stanley
Brian Pfleuger is offline  
 
Page generated in 0.02264 seconds with 8 queries