General Another One: self defense or no?
- Thread starter Shinkicker
- Start date
That is if you are not on your own property. All states have a Castle Doctrine, I'm pretty sure.
Duty to retreat - Wikipedia
en.m.wikipedia.org
There are 11 or 12 states that have that as law.
Soooo, you would go nose to nose with a fucker with a gun? On his property?
Don't lie.
No, it's even if you're on your own property. Ie, You're outside. You can flea into your home.
Once Chad refused to leave he was the criminal. Then he physically attacked a man in his own yard.
Ffs. THis is crazy.
Lol
Nope. You do not have to retreat in your own home or yard. Some states even include your workplace and vehicle into the Castle doctrine.
Even duty-to-retreat states generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some states) in their vehicles or workplaces. The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use of force crimes against persons, such as murder, manslaughter, aggravated assault, and illegal discharge or brandishing of weapons, as well as attempts to commit such crimes.[2]
The “Duty to Retreat” Law states that one cannot harm another in self-defense when it is possible to retreat from a threatening situation to a place of safety. In all duty to retreat states, the duty to retreat does not apply when the defender is in their own home. In Connecticut, Delaware, Hawaii, Nebraska, and North Dakota, the duty to retreat does not apply when the defender is in their workplace.
I'm generally not an idiot...
But in this hypothetical if I thought that fucker was keeping my kid (loved one since I don't have kids) from me then it's very possible. I'd imagine that being rational kind of goes out the window when you're met with excuses and ultimately a firearm when you're supposed to be greeted by a hug from your son.
Last paragraph is the relevant one if we're talking duty to retreat, which Texas I'm sure doesn't have.
If one occupant of house says for you to arrive and another tells you to leave are you trespassing?
That's called "half-pass" and it has its own legal definition. You're basically at the mercy of whichever tenant is acting more aggressively.
The guy with his hands down at his side yelling assaulted the guy that discharged a firearm?
I really meant that question, like does anyone know the legal answer?
Surely the mom didn't tell him to 'come on over' knowing the child wasn't there.
If she did that could change things dramatically.
Don't say he had a right to be in the yard. You can pick your child up by waiting beside your car. Also, he had already been told the child wasn't there. Mom said she was going to get him. But the dad wanted to keep arguing, I guess.
Didn't he?
I don't think so. I think criminally prosecuting someone for assault for two dumbass bros chest bumping is a stretch.
Guy with this hands down yelling at gunman is the same as every other dummy yelling "go ahead hit me, hit me, I dare you".
You can't just escalate that situation to deadly force except in the case of stating that your own gun being taken is justification for deadly force...which I hate and might be legally true, but I'd say is morally dubious at best.
Yes. It is criminal trespassing to remain after being told to leave.
Penal Code § 30.05. Criminal Trespass.
(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) “Entry” means the intrusion of the entire body.
(2) “Notice” means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
(3) “Shelter center” has the meaning assigned by Section 51.002(1), Human Resources Code.
(4) “Forest land” means land on which the trees are potentially valuable for timber products.
(5) “Agricultural land” has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.
(6) “Superfund site” means a facility that:
(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or
(B) is listed on the state registry established under Section 361.181, Health and Safety Code.
(c) It is a defense to prosecution under this section that the actor at the time of the offense was a fire fighter or emergency medical services personnel, as that term is defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances.
(d) An offense under Subsection (e) is a Class C misdemeanor unless it is committed in a habitation or unless the actor carries a deadly weapon on or about the actor’s person during the commission of the offense, in which event it is a Class A misdemeanor. An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:
(1) the offense is committed:
(A) in a habitation or a shelter center; or
(B) on a Superfund site; or
(2) the actor carries a deadly weapon on or about his person during the commission of the offense.
(e) A person commits an offense if without express consent or if without authorization provided by any law, whether in writing or other form, the person:
(1) enters or remains on agricultural land of another;
(2) is on the agricultural land and within 100 feet of the boundary of the land when apprehended; and
(3) had notice that the entry was forbidden or received notice to depart but failed to do so.
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.
Did you watch the video?
You didn't bold this part.
If he was supposed to be picking his son up at that location at that time then doesn't he have effective consent?
General - Another One: self defense or no?
just to expound on that a little more - the shooter went and got the rifle before the victim made any actionable threat. so bringing out the weapon and threatening the victim was brandishing a firearm and battery. Firing the gun in the ground at the victim's feet is unlawful...
themmacommunity.com
