Someone trying to punch you valid "Stand Your Ground"?

Is someone trying to punch you in the head a valid reason to "Stand Your Ground"?

  • Yes, punches have killed people in the past.

    Votes: 16 25.8%
  • No, the chances of you getting killed from a punch are too small.

    Votes: 7 11.3%
  • It depends.

    Votes: 39 62.9%

  • Total voters
    62
  • Poll closed .
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somerandomguy

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So I just read a story of a guy getting attacked at Little Ceasars over a dispute. He pulled out a .38 and shot his attacker and claimed "Stand Your Ground". Is it valid to blow someone away for trying to punch you? Thoughts?

Also, where does the line cross from "assault" to "attempted murder"?
 
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If a reasonable person believes that an attack could cause death or serious bodily injury then it was warranted. Getting punched is a gray area, at what point does a beating cross that line? One punch could knock someone down and cause them to hit their head but that would be flukey enough that I wouldn't want to use that possibility in a "stand your ground" defense.
 
Every situation is different. If you were a willing participant in a situation where an argument escalated into violence I would say that "blowing someone away" could be prosecuted. In this situation there would be options to walk away, concede the argument etc. before things got out of hand.

If your minding your own and someone comes to you shouting, acting crazy, then takes a swing. It would be more justified. You didn't know the person, what his reasoning was, what he was under the influence of, or capable of.

One responsibility of carrying is to be more sensible about how you react to others and what situations you put yourself in.

A link to the story may give more insight for a more direct opinion.
 
In South Carolina, although we do not have a "Stand Your Ground" law, in certain situations you have no duty to retreat. However, a simple assault (by itself) does not rise to the level where employing deadly force is justified. So my answer is "It Depends". You have to know the laws in your area and if traveling, you have to know the laws in those areas.
 
If the punchee did nothing to invite that punch then in my mind the puncher might be on thin ice and quite possibly borrowed time.


Of course this is not a legal opinion, just mine.
 
The question is loaded, and weighed to suggesting that "Stand Your Ground" provides a reason to use of deadly force.

What happens is that someone in the real world uses deadly force. "Stand your ground" is an affirmative defense to what otherwise would be a battery or a homicide.

A person does what a person has to do, with God as the ultimate judge. "Stand your ground" does not give you a reason to do it. It only helps your lawyer clean up the legal mess you got yourself into.
 
For me it all depends on my ability to retreat, to escape the threat.

If I believe I can still do that, I will absolutely attempt it. I've never been punched full power by a male in the head or chest. I have been slammed in both areas by horses. I can imagine my level of physical response.....it can be crippling, physically and mentally.

I have no interest, no ego to stroke, in standing my ground. I will be drawing pepper spray or gun (if I physically can) and trying to retreat. If someone prevents that retreat, I would be in complete fear for my life. Why is anyone punching or hitting me? I can only believe that it is an opener to doing me genuine gross bodily injury or killing me. Why on earth would I ever risk believing they were going to just stop after the initial attack? I'm not betting my life on that.
 
There is no way to tell from the given information. Is this "mutual combat" where they've been pushing and insulting each other for 3 minutes prior? Is this a little old man being slugged by a bulked-up felon on probation? Is the person doing the shooting going to be able to articulate why he HAD to do what he did to investigators, prosecutors, and/or a jury?

Remember, "Stand Your Ground" STILL doesn't mean everyone else can see your halo. ;)
 
it really depends on the situation....

assuming its an average guy that punched me in the face...eh, id be pissed, but i probably wouldnt shoot him.

now if it was international strongman Magnus Ver Magnusson punching me in the face....well thats a different story, as a few good punches from him are likely going to be fatal....the same applies if i were elderly or handicapped being attacked by a regular person
 
Not all of us are in 100% condition.

In my case, I'm missing a foot, and at 69 even a fall can break major bones.... the complications from, say, a broken hip or pelvis can be life-threatening. In my opinion, and my circumstances, I'd say that this qualifies as "serious bodily harm", and I'd be justified in firing in self-defence.

Of course, we have to ask what sort of critter would attack an ol' graybeard, but my S&W would likely do my talking if such a situation should arise.
 
Still haven't got to the level of public CCW in Illinois yet.
A punch thrown correctly can disable an individual, leaving open the possibility/probability of a gun snatch.
I carry a gun on my property and am 52 years old.


If everyone in the world would just play nice we wouldn't need this conversation.
 
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Unfortunately, this is an area in which there is a great deal of misunderstanding, which can have very serious results indeed..

First, the point of "stand your ground" laws and of court rulings of similar effect is simple: it is to relieve a defender of the duty to retreat from a place in which he or she has a legal right to be before using force to defend oneself. In common law, an actor had been required to show evidence that he or she had attempted to retreat, or that retreat had not been safely possible, before using force.

The "stand your ground" provision does not otherwise permit the use of force where such use would not otherwise be lawful, nor does it relieve the actor of the obligation to provide evidence that the use of force had been immediately necessary under the law. Those who oppose stand your ground provisions contend otherwise for the sake of argument.

The justification of the use of deadly force involves a particularly high threshold--reasonable belief that such force had been necessary for the prevention of death or serious bodily harm, and in many jurisdictions, the prevention of certain specified felonies.

One of the factors necessary in such justifications is evidence of a reasonable belief that the assailant(s) had had the ability to cause death or serious bodily harm. Usually, but not always, that pertains to the possession of a weapon.

The exception has to do with a disparity of force. That has been discussed here at great length. Use the search function, and read about the Larry Hickey case in Arizona. We need not go into it again, except to say that the fact that "a punch can kill" would be very unlikely to sway the triers of fact in a defense of justification.
 
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