General Discussion
In reply to the discussion: Fuck your "pro-life" anti-abortion, pro-gun, anti-white privilege arguments. [View all]moriah
(8,312 posts)If you can retreat with safety, you better have retreated. If you retreat to a defensible position, that's far enough, and you can't be the original aggressor to claim self-defense.
You can't shoot someone stealing your TV, even though they're in your home -- it's not plain Castle Doctrine where it's presumed that you're in fear of your life if a shooting occurs in your home. They have to be committing a violent felony, or you presume they are about to commit a violent felony. (But they better have gotten your TV and be on their way out when you find them for their own safety because the victim's ability to defend themselves in other ways can come up, and if you break in on a woman alone she may be given more leeway on the belief that her life was in danger than a 6'4 linebacker-built man and an unarmed intruder.) A woman also has the right to defend herself against an ongoing pattern of domestic violence with deadly force as part of statute.
But it's all argued in the court after charges are made. Charges are almost always required unless it's clear-cut, like you're on the phone with 911 when you shoot and it truly sounds like you're in fear for your life -- and there's still going to be an investigation.