View Single Post
Old December 21, 2018, 06:40 AM   #30
briandg
Senior Member
 
Join Date: May 4, 2010
Posts: 5,464
willy, you are splitting a few fine hairs.

The guy had a legal right to be anywhere on the property he is defending. some jurisdictions allow him to defend his safety and life from exactly where he stands, no matter where it is. If he went outside because of a legitimate need, to make sure that they hadn't doubled around to the back door, for example, or had a can of gas outside, that's one thing. If he was out there from legitimate need and he was fired upon, then just as it was inside his home, it would be legitimate self defense.

Intent matters, however, if he went outside to chase the guys off or to maybe even mock them as they ran, or even try a few more times to drop them, then he crossed over the line from performing a legitimate errand to re-escalating the conflict. Stupid, and completely out of the realm of self defense. Not legally protected. It will have to be run through the courts system, for a jury to decide just how big an idiot he was, and whether he committed a crime.

All of this is dependent on the laws of the jurisdiction and there are still several other things that must be judge before the person can be said to have acted in legitimate defense of himself or others. the bottom line, however, is that a person can defend, but we are not gunfighters or soldiers, nor policemen, and we have no guaranteed rights to attack a criminal unless he is currently in the act of violence that threatens our life or safety. Once the threat to one's self is over, whether the attacker is incapacitated, has surrendered, or is running for his life screaming like a little girl, the reason for further 'defense' is gone, as well as our legal rights to further 'defend' ourselves.
__________________
None.
briandg is offline  
 
Page generated in 0.04371 seconds with 8 queries