General Discussion
In reply to the discussion: “Stand Your Ground” Has Got to F***ing Go. [View all]GreenStormCloud
(12,072 posts)Lots of people are all up in arms without knowing what the law actually does. SYG simply means that you don't have to run away, nothing more.
Self-defense is based on the "reasonable man" test, not on how a person says they felt. There has to be an immediate, serious, credible threat of severe injury to you. You can't just say that you felt threatened and expect to get off.
The role of agressor and defender and legally switch places. Here is how it works.
#1 hits #2, thereby starting a fight. #2 is a better fighter and starts getting the best of #1. #1 attempts to quit the fight, either by running or by surrendering. At this point #2 loses any right to any further violent actions. The fight is over. However, #2 continues the fight, refusing to allow #1 to withdraw. At this point #2 has now become the agressor and #1 is now the defender. (#1 can still be charged with assault for starting it.) If #2's violence is severe enough, #1 can now use deadly force.
SYG can be used even if you haven't taken any injury. What is needed is that there is a credible severe threat to you. Example: You are walking from the shopping to your car that is at the far end of the parking lot, at night. You notice a guy following you. He whips out a knife and demands your money and car keys. You can now use SYG.