Posted on 09/01/2014 6:47:32 PM PDT by NoLibZone
Is it legal to use Deadly Force to stop a Felony?
A felony that is not life threatening?
For example in my uber blue CA:
CAL. PEN. CODE § 197 : California Code - Section 197 - See more at: http://codes.lp.findlaw.com/cacode/PEN/3/1/8/1/s197#sthash.9DjRSFwJ.dpuf
Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,
4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
- See more at: http://codes.lp.findlaw.com/cacode/PEN/3/1/8/1/s197#sthash.9DjRSFwJ.dpuf
Texas.
Michigan is a stand your ground state and it is legal to defend the life of others anywhere in public.
New York: Arson, burglary (dwelling), kidknapping, sexual assualt (except statutory “consensual” sex). There may be others.
wisconsin:
939.49 Defense of property and protection against retail theft. (1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person’s property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of one’s property.
in short, if you believe the thief will’kill you if you try to stop them, then yes, you can use deadly force. if they come at you they’ve then threatened your life and you,re okay for lethal force.
also remember disparity of force issues can come into play here as well.
In Tennessee, you (or an innocent third party) has to be in imminent danger of death or great bodily harm. Just stopping a felony doesn’t justify deadly force. Exception: an uninvited intruder in the living area of a house or other dwelling is automatically deemed to be placing the residents in imminent danger.
Uhmmmm....
I’ll go with “when the lives of my loved ones, myself or my dogs is danger” Alex.
Look up Castle Law (A man’s home is his castle), Right To Carry Law (mostly in Southern states), And Defend Your Ground Law (only in Florida, as far as I know). These are all pro-Second Amendment laws that are the “Law of the Land”. You should research them and find out which ones apply to your particular geographic location. Do you live in a “blue state” or a “red state”?
apparently in Ferguson,if you are 5 foot 8,weigh about 160 pounds,you don’t have the right to defend yourself against a man twice your size.
First question is how many living witnesses are there when the JBTs get there? A one-sided story legalizes a lot of behavior.
“Defend Your Ground Law (only in Florida, as far as I know). “
Actually, most States do not have one because one was not needed. Florida and a few others stated with laws that said you had to run from trouble. Common sense, and most other States never had such a stupid law.
It is lawful to use whatever force is necessary to avoid being killed or severely injured in most States.
In Washington State it is legal to shoot to prevent a felony against you or anyone else, and located anywhere you are lawfully allowed to be (not just your home, but anywhere). That includes shooting someone in the back as they are fleeing with your stuff. A private citizen has more leeway than a LEO in that regard.
http://union-bulletin.com/news/2012/aug/13/walla-walla-prosecutor-will-not-file-charges/
excerpt:
Walla Walla — Walla Walla County Prosecuting Attorney Jim Nagle will not file charges against John Saul, 63, in the shooting death of Cesar Chavira, 22.
#A six-person coroner’s inquest jury ruled Friday that Saul committed a justifiable homicide. The ruling by a majority of jurors came after two days of testimony from law enforcement officers and a forensic pathologist.
#According to a Walla Walla County Sheriff’s Office investigation conducted by Detective Sgt. Gary Bolster, Chavira broke into the New York Store at roughly 2:30 a.m. on May 4. According to testimony from Walla Walla police officers, Saul stated Chavira threatened him during the burglary.
#Bolster’s investigation showed that Saul fired his 12-gauge shotgun five times at a distance between 120 and 155 feet, striking Chavira in the back with nearly 50 pellets of No. 4 buckshot. Chavira was in the street outside the store when Saul fired the shots.
#In a letter stating his decision not to prosecute, Nagle stated the Washington State Legislature and Supreme Court have “made it clear that” a person should not be charged with murder or manslaughter “when they are defending themselves, their property, or against a felony, unless the prosecution has sufficient evidence to prove the absence of any of the defenses to a jury beyond a reasonable doubt.”
#Nagle also pointed out the slayer does not have to prove the homicide was justifiable. According to Nagle, the jury must be convinced “beyond any reasonable doubt that a person was not defending themselves, their property or against a felony.”
Relevant Texas law:
http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.9.htm
Left out:
See sec 9.32, 9.33 and 9.42, 9.43 in particular.
Yup. 9.42 is the one for property. There is case law where in an apartment complex, dudes were attempting to break into a car, and the car owner on the 2nd floor, heard the commotion, opened he window and fired on the perps. No problem. In Texas, don’t fool with someone else’s stuff.
And dog treats.
Fortunately he was not named Hey, "Zeuz".
Sweet! Just don't use a gun or your life will be over.
Witness this scenario: you are a woman alone at night who just finished pumping gas at your local convenience store, and some methhead goofball just robbed the store and desperately needs a car to hijack. If he’s coming at you, frantic and intimidating, and you’re packing, shouldn’t you have the right to blow him away?
My .02 version:
apparently in Ferguson,if you are 5 foot 8,weigh about 160 pounds,you don’t have the right to defend yourself against a black man twice your size.
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