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To: Sasparilla

Honest question - In general, current shooting aside, can’t both parties in an encounter feel threatened and invoke the law?


2 posted on 03/27/2012 10:58:42 AM PDT by Owl558 ("Those who remember George Satayana are doomed to repeat him")
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To: Owl558

Somebody has to be the aggressor. I was told in my CCW class that he who dials 911 first is NOT the aggressor.


4 posted on 03/27/2012 11:07:18 AM PDT by backwoods-engineer (I will vote against ANY presidential candidate who had non-citizen parents.)
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To: Owl558
In the universe of encounters, it is possible for both sides to claim self defense (in fact, that is COMMON), and it is possible for both parties to be found guilty of assault.

When the dust clears, only one of the two can possibly be found to have justifiably used self defense.

6 posted on 03/27/2012 11:14:31 AM PDT by Cboldt
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To: Owl558
can’t both parties in an encounter feel threatened and invoke the law?

In most cases, one of the parties would be determined to be the aggressor. The aggressor in altercation can change if the original aggressor physically separates himself from the other party and indicates clearly that he does not wish to continue. If the other party continues at the point, then the other party becomes the agressor.

The Florida Stand Your Ground act addresses what happens when somebody is the aggressor.

That's in Section 776.041(2) of the Chapter in which the Stand Your Ground Act was codified. (I linke the law above) It says that the right to use deadly force of force likely to cause great bodily harm 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; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.


12 posted on 03/27/2012 11:39:42 AM PDT by Scoutmaster (You knew the job was dangerous when you took it)
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