Are you then covered under the latter provisions of SYG,
So, if the police do not have probable cause to suggest the shooter broke any laws, the SYG law presumes the shooter was justified and that no charges are to be brought?
NO! Did you read Ed N's post #124?Posted by rajb123: So, if the police do not have probable cause to suggest the shooter broke any laws, the SYG law presumes the shooter was justified and that no charges are to be brought?
I know that Castle Doctrine might get spun on this,
It seems a lot of people are mistakenly conflating various separate sections of Florida law and calling it SYG.
A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force
While this may not be entirely realistic, if an unknown leaves their vehicle to give chase, I would think that it shows possible hostile intent. If I was on foot, and someone leaves their vehicle to chase me, I must be suspicious of their intentions.
i am not sure i get this, so if one used justifiable self defense, of course he is "immune", if not, this clause doesn't apply (since force is not permitted). so this adds pretty much nothing?
... if an unknown leaves their vehicle to give chase, I would think that it shows possible hostile intent. If I was on foot, and someone leaves their vehicle to chase me, I must be suspicious of their intentions.
so if i get this FL case correctly, he is not arrested (actually the whole case) has nothing to do with SYG, just the law says until DA/LE got enough evidence to charge him, he stays free
776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant
Without the SYG provision of 776.012, 776.032 (Immunity from prosecution) wouldn't apply and the police wouldn't be able to say they're prohibited from making an arrest.
I think it's misleading to suggest SYG doesn't apply.
This law says that even if you did provoke the use of harm by another person, you're justified in using deadly force if you reasonably feel the other person is about to cause you "great bodily harm".
Nowhere in Florida law is "great bodily harm" defined.
Nowhere in Florida law is "great bodily harm" defined.
It has been defined in appellate court findings and has, in fact, been included in jury instructions on occasion.Posted by absinthe: Nowhere in Florida law is "great bodily harm" defined.