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Nothing changed! If you read through the thread, you will see that someone else had asked and clarified that both combatants had no legal right to be there. This is not a new fact.
Sometimes it is necessary to get at the context behind any statute. When the statute says you need not retreat...
You can't keep making excuses for people. We all take an array of actions based on what our understanding of the law is and all have responsibility for our actions and words. You provoke or bring an unwarranted and unlawful attack against someone (we are talking about a forcible felony)... that...
I did not ask you what the law was about self-defense or stand your ground in FL. You either know of a caselaw where a self-defense claim was attacked solely on the basis of whether the defendant was somewhere lawfully or not. And how such an attack would matter if both combatant were both...
Meaning: if you DON'T have right to be there, then you CANNOT invoke self defense using this statute.
This would imply that if you DON'T have a right to be there, then discretion is the better part of valor.
This is your emotion talking. Read the statute. Whether you are at the scene of an...
The exact facts are not relevant to answer the initial question which was about what the statute meant by: "being in a place where you had a legal right to be". And how someone looking to complicate your defense could use that as an excuse. The context of that line may not be as clear...
I don't see any "legal" response nor any post from anyone claiming to be an attorney in fact so if you are an attorney, do clarify.
In my very first post, what was cited there are directly from the FL self defense statute. Some here are actually trying to tag on to the statute what is not...
Not necessarily. You have a right not to be bothered. If someone makes it a habit to harass, threaten or attack you, it is not smart to encourage or embolden the perp to continue to engage in that course of action. Someone charges at you to do you harm, they deserve being met with lethal force...
You seem to understand the issue. You generally have an absolute right to defend yourself using whatever force necessary if by your calculation great bodily harm or death is imminent. The statute in FL says you can use deadly force to stop a "forcible felony" whether you or someone else is the...
In this case, both the attacker and the person claiming self defense would technically have been in a place they were not supposed to be. This does not involve some sort of park employee, law enforcement or in the case of the dock, someone who had a right to be at/on the dock for any reason. The...
In most states, a person generally does not have a duty to retreat and is said to have the right to stand their ground if the person using or threatening to use the deadly force is (1) not engaged in a criminal activity and (2) is in a place where he or she has a right to be.
What exactly does...
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