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In reply to the discussion: Fair is fair after all. [View all]

spin

(17,493 posts)
7. Of course not. ...
Mon Jul 22, 2013, 11:24 AM
Jul 2013

The daughter in this case is legally defending herself. She has already tried to retreat. In this situation, she would have reason to fear for her life or health and even in a state without a "stand your ground" law she should be within the law if she defends herself. If she was legally carrying a handgun, she could shoot her attacker.

Of course much would depend on the evidence. If she killed her attacker and there was no evidence that she was lying, she would probably walk free. Even if there was some evidence, the prosecution would have to convince a jury that she was guilty beyond a reasonable doubt.

If she were to knee, pepper spray or trip her attacker he would not be able to use the fear of imminent injury or death as an excuse to shoot her. He was in the process of chasing her and had not broke off his attack.

On the other hand, if the pepper spray stops his attack and he tries to retreat, she has no right to chase and shoot him. The attack has ended. If she does pursue and threatens him with a gun, he may successfully argue that he was in fear for his life.

Say that you own a store in Florida and are behind the counter when a man walks in and pulls a handgun on you and demands you turn over all the money in your register. You have a handgun hidden underneath the counter and you (perhaps foolishly) decide to grab it. If you shoot the robber you will probably face no charges. If he runs out the door and you chase and shoot him, you will probably face charges. If he shoots you while you are chasing him, it is possible that he will avoid the murder charge. Once the robber ran out the door, you were no longer in reasonable fear for your life or your health.

I should note that I am not an attorney nor do I play one on TV.




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