OK, that's obviously a dark joke. Let's look at the law.
There are two primary statutes in Florida outlining when the use of deadly force is justified so as to avoid criminal liability. Under Section 776.012, Florida Statutes (Florida’s “Stand Your Ground” Law), a person is justified in using deadly force (and does not have a duty to retreat) if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony or to prevent imminent death or great bodily harm to himself or herself or another.
If the defendant is in his or her home or vehicle, then, under Section 776.013, Florida Statutes, the law will presume that the defendant had a reasonable fear of imminent death or bodily harm if the alleged victim unlawfully entered or remained or attempted to remove another person against their will. A person who unlawfully and by force enters or attempts to enter another’s home or vehicle is furthermore presumed to be doing so with the intent to commit an unlawful act involving force or violence.
This happened in a place of business. There was no reasonable belief of imminent death or great bodily harm. This guy is likely going down for murder.
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sato (Old Spike)
thanks. do you have any additional info on what a "forcible felony" is?
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.
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sato (Old Spike)
ah ok thanks that's awesome. i was wondering if felony-level theft would count as a justifiable case, it seems not.
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Fullauto223cal (Old Spike)
Just saying. I know you guys pucker your buttholes and get all uppity when I preach pro-gun/pro-armed self-defense but I'm not what you love to imagine is some poor southern redneck sitting on my front porch with a shotgun and a rebel flag. I take this issue very seriously and though I hope I never need my weapon, if they time comes I want to be reasonable certain my use of deadly force is lawful and just.
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magichands (Short Spike)
I was about to say it was nice to see your tone when it comes to this issue. You're right, many on Spiked are anti gun (including myself, however as a non American my opinions are less important) but this comment from you makes me realise you're not as crazy as I once assumed. My apologies!
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Dude (Old Spike)
Unless he states that the gun went off by accident but yeah probably murder in the second degree
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ninjzz3.0 (Short Spike)
someone going to jail for murder
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danmanjones (Old Spike)
We need store greeters to hand out guns to keep customers safe
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Hopium (Short Spike)
cant he use the fact that dude was stealing a weapon as a defense in both his saftey and stopping a further crime with said hatchet?
Comments
(Old Spike)
Welp, he won't be stealing no more.
OK, that's obviously a dark joke. Let's look at the law.
There are two primary statutes in Florida outlining when the use of deadly force is justified so as to avoid criminal liability. Under Section 776.012, Florida Statutes (Florida’s “Stand Your Ground” Law), a person is justified in using deadly force (and does not have a duty to retreat) if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony or to prevent imminent death or great bodily harm to himself or herself or another.
If the defendant is in his or her home or vehicle, then, under Section 776.013, Florida Statutes, the law will presume that the defendant had a reasonable fear of imminent death or bodily harm if the alleged victim unlawfully entered or remained or attempted to remove another person against their will. A person who unlawfully and by force enters or attempts to enter another’s home or vehicle is furthermore presumed to be doing so with the intent to commit an unlawful act involving force or violence.
This happened in a place of business. There was no reasonable belief of imminent death or great bodily harm. This guy is likely going down for murder.
(Old Spike)
thanks. do you have any additional info on what a "forcible felony" is?
(Old Spike)
CRIMES
JUSTIFIABLE USE OF FORCE
(Old Spike)
ah ok thanks that's awesome. i was wondering if felony-level theft would count as a justifiable case, it seems not.
(Old Spike)
Just saying. I know you guys pucker your buttholes and get all uppity when I preach pro-gun/pro-armed self-defense but I'm not what you love to imagine is some poor southern redneck sitting on my front porch with a shotgun and a rebel flag. I take this issue very seriously and though I hope I never need my weapon, if they time comes I want to be reasonable certain my use of deadly force is lawful and just.
(Short Spike)
I was about to say it was nice to see your tone when it comes to this issue. You're right, many on Spiked are anti gun (including myself, however as a non American my opinions are less important) but this comment from you makes me realise you're not as crazy as I once assumed. My apologies!
(Old Spike)
Unless he states that the gun went off by accident but yeah probably murder in the second degree
(Short Spike)
someone going to jail for murder
(Old Spike)
We need store greeters to hand out guns to keep customers safe
(Short Spike)
cant he use the fact that dude was stealing a weapon as a defense in both his saftey and stopping a further crime with said hatchet?
(Short Spike)
At least he died for all of our sins.