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#1
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self defense questionCan I be brought up on assault charges if i am acting in self defense? example: Let's say i'm walking on the street, and a man runs up to me and trys to grab my purse, and i punch him and break his nose. Can i be arrested? example 2: If someone breaks in my house and trys to rob me and then attacks me, I take out a gun ( licensed ), I shoot him to protect myself. Can someone further explain the self defense law to me. -thanx in advance |
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#2
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self defenseself defense is defined as measures taken when YOU ARE IN FEAR FOR YOU LIFE, THE LIVES OF OTHERS,OR FEAR OF GREAT BODILY HARM. if you can articulate your fears to authorities,or a grand jury, most likely, you will not be charged w/a crime. whenever possible, it is always best to retreat. the two instances you mentioned, purse snatching, burglary of you occupied home, i'm w/you. the bad guy will fight for my money, and if someone enters my home, i will be in fear for my life. |
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#3
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| police do not determine guilty or innocent except to give direction to their investigation. they compile facts, evidence, suspects victims, and witnesses. then they present their case files to higher authorities who determine if you are innocent or guilty and to what extent. it's called due process. |
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#4
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| Of course you are allowed to defend yourself. example 1 : if someone tries to steal your purse yes you can break their nose. example 2: if someone breaks into your house you can kill them. In most every state if someone breaks into your house and "there is an eminent threat to your livelihood" you can use "deadly force". However if you shoot someone do not shoot them in the back. You must tell the police that you told the intruder you had a gun and he still came at you .Tell the police that you were scared to death. And make sure you hit them in the front. Also they have to be inside your house. And it is better for you if they are dead. |
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#5
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| Interesting responses from all those that replied to this message, however, no one is able to accurately answer 'caspr718's questions or examples. The problem is, the original poster failed in reading the rules and providing the state that the scenario would play in. And each state determines what the limits of self-defense are in THAT state. Second, the original question was "Can I be brought up on assault charges if i am acting in self defense?". The answer is YES, depending on the specific circumstances at the time. The true question is would he/she be brought to a grand jury or to trial. Without EXTENSIVE details of the examples given, there really are no right answers. Let me offer these 'spins': Example #1: "Let's say i'm walking on the street, and a man runs up to me and trys to grab my purse, and i punch him and break his nose. Can i be arrested?" Answer: Yes. If a man trys to steal your purse and is NOT successful, and you or others chase him down and, in a fit if anger, strike him and break his nose, you COULD be charged with assault. Example #2: "If someone breaks in my house and trys to rob me and then attacks me, I take out a gun ( licensed ), I shoot him to protect myself." A person breaks into your house, robs and attacks you (let's say this 'attack' consisted of slapping and then running away). While running away, you take out a gun and shoot the person. Or lets say you have chased the person down the street and shot him. You could be charged. Some states only allow 'deadly force' to protect against IMMINENT danger. If the danger is no longer a reality, you can't use deadly force. So, as you can see, we would need to know the applicable laws AND a lot more details before anyone can accurately answer your examples.
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
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#6
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| I can give an example of where use of force inside of your home can cost you your home. A young man entered an older couples home late at night looking for prescription drugs. While exiting the bathroom he was met by the couple with the gentlemen armed with a shot gun. The young man dropped the drugs and was walking backwards with his hands raised all the while talking to the couple to stay cool, he was leaving with nothing. The old man shot him in the right arm almost severing it. He was taken to the hospital then arrested for breaking and entering. While serving his jail sentence, he met a jailhouse lawyer that convinced him to sue for the damage to his right arm (it is almost useless from the elbow down). He sued for $200, 000, the old man passed away shortly after he was sued and the widow lost her home of 30 years because she lost the lawsuit (he was awarded $110,000). Even the judge called the decision an abberation but he was forced to comply with the jury's decision. |
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#7
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| The scenario posted above by racer is exactly why I gave the advice that if you have to shoot someone in your house 'it is better for you if they are dead'. This way they have no story to tell in court. It would be interesting to go to court on a case like this and break out your bible and read to the court EXODUS 22:2 'if a thief breaks into your house and you kill them,you are not guilty'. |
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