If you have a gun and the other guy doesn't . . .

[anomiep]

213. It depends on the circumstances

It really boils down to whether or not your initial use of force was reasonable at the time and whether or not you stopped when the threat presented to you stopped.

There are plenty of cases where what may have well been a justified *initial* use of force turned into an aggravated assault.

So, if you pull out your collapsible baton and you actually reasonably fear for your life or of great bodily injury, and you start hitting him, and he hasn't stopped being a threat and pulls his gun and shoots you - well, hmm. I am not sure about Florida law, but in Texas, his shooting of you would be a criminal act. I would argue that it *should* be a criminal act, because he never stopped presenting a threat and your initial use of force was justified.

If you pull out your collapsible baton, and you actually reasonably fear for your life or of great bodily injury, and you start hitting him, and he stops, starts yelling for you to stop, tries to retreat and can't because you are hitting him in a position where he can't actually retreat - then yes, at that point, it is possible that he could be justified in pulling out a gun and shooting you. (again, not entirely sure about Florida).

Justification for an initial use of force doesn't mean you get to go all out forever. If the threat stops being a threat, you have to stop using force.

This is not legal advice, and the exact requirements will differ depending on where you live. If you actually carry a collapsible baton or OC spray I would recommend making sure you know what the law is in your state by some means, so if something happens you know when you can use it, rather than merely hoping that the decisions you made line up with what the law in your area states.