divemedic
Member
On another forum, there is a thread that has an interesting legal question concerning Castle Doctrine and self defense. A quick summary:
A street gang has been threatening and terrorizing you and your family, to the point of going armed door to door looking for you. The police have been notified, but of course do not have a cop to play bodyguard. Knowing that they are going to return to carry out their threat to shoot you, you wait for them in front of your home. When they arrive, you hold them at gunpoint (or you may assume, for the purpose of this question) that one of them produces a weapon, and shots are exchanged.
This incident happened in VA in 1991, but we are talking about law as it exists now (and I have to use FL as an example, as that is the law I am most familiar with) which reads:
It seems to me that under this law, force is authorized. Others claim that you have a duty to retreat, some claim that it is illegal to "ambush" (their term) others, and still others claim that you can only lie in wait for them inside your home.
Opinions? (This is only partially a hypothetical. This actually did happen, in 1991)
A street gang has been threatening and terrorizing you and your family, to the point of going armed door to door looking for you. The police have been notified, but of course do not have a cop to play bodyguard. Knowing that they are going to return to carry out their threat to shoot you, you wait for them in front of your home. When they arrive, you hold them at gunpoint (or you may assume, for the purpose of this question) that one of them produces a weapon, and shots are exchanged.
This incident happened in VA in 1991, but we are talking about law as it exists now (and I have to use FL as an example, as that is the law I am most familiar with) which reads:
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
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.
(3) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person's child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
It seems to me that under this law, force is authorized. Others claim that you have a duty to retreat, some claim that it is illegal to "ambush" (their term) others, and still others claim that you can only lie in wait for them inside your home.
Opinions? (This is only partially a hypothetical. This actually did happen, in 1991)