Do you have to fight?

[onebigelf]

TCU, same situation. I'm 6'4" and 235. I still look like a college linebacker and I have a martial arts background. Florida has a Castle Doctrine law, but a jury is really likely to want to see some justification from me for any shooting against an unarmed person unless they are really large and strong. On the other hand, I can refuse a fight and force the other person to attack me. I can articulate that I will defend myself without displaying my firearm. "Dude, I'm not going to get in a fight here, but if you force me I AM perfectly willing to shoot you. Do you wanna get shot?" Force him to ASSUME that I'm armed. If he goes ahead and attacks me after the warning, then obviously I have to assume that he knows something about his lethality that I don't and act accordingly...
All I have to do is articulate, and convince a jury, of a reasonable expectation that I was at risk.

John

 

[Kleanbore]

Posted by The Lone Haranguer: I am 52 years old, 5'9" and 148 lbs. and have not been in any kind of fisticuffs since junior high (aka middle school). I am not going to allow myself to be punched if I can help it. Real fistfights and punches can maim or kill. I think that covers the "great bodily harm" part.

The fact that blows from fists can maim or kill is unlikely to hold much sway unless there is a clear disparity of force.

And even if there is, if the assailant or assailants are armed only with fists, justifying the use of deadly force could prove a very difficult task at best.

Here is a true account about a citizen who was attacked, without provocation, by more than one person, who used only their fists; he could not escape, and he used his firearm only when he was actually about to lose consciousness.

He was charged, kept in jail for an extended period, and tried more than once. He was ultimately set free through the efforts of expert witnesses Massad Ayoob and Marty Hayes.

"http://www.armedcitizensnetwork.org/...ork_2010-9.pdf"

Posted by onebigelf: All I have to do is articulate, and convince a jury, of a reasonable expectation that I was at risk.

Not exactly. Before the jury will even be allowed to consider the question of justification, you will require a favorable jury instruction, and to get that, you will have to provide at least some evidence indicating that (1) you had reasonable grounds to believe that you were in imminent danger of death or serious bodily harm; (2) you actually believed that you, or a third person, were in such imminent danger; (3) the danger was such that the you could only save yourself by the use of deadly force; and (4) you used no more force than was necessary.

 

[TCU]

onebigelf, well said. Thats exactly what i think.

 

[NMGonzo]

My example is that a BG wants to fight you but you decline and try to leave. But the BG has you trapped with no escape. The BG has no weapons except fists. Can you draw and shoot if the BG won’t move out of your way so you can leave or do you have to fight?

"cornered" is what I have a problem with.

 

[Erik]

The scenario presented is not a deadly force scenario. That there might be exceptions for some people in some jurisdictions does not change that for the vast majority of readers.

 

[Skyshot]

If your gonna carry, don't put yourself in a place where you can be trapped. We all discuss sit. awareness, well daaa!:banghead:

 

[Kleanbore]

Asked and answered.