Justification to use OC?
This is a discussion on Justification to use OC? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by Knightrider
When I carry my camera, I have it around my neck. If someone was trying to take it, they would be ...
April 10th, 2010 03:12 PM
In Florida, getting your butt kicked wouldn't necessarily be considered a grave bodily harm unless there is a significant difference in body weight/mass/strength and/or skill. Property is no reason to take a person's life. The use of deadly force must be "reasonable".
Originally Posted by Knightrider
The key pieces are: 1) Ability, 2) Opportunity and 3) Intent. So they have the Ability, and they have the Opportunity, but did they have the Intent . . . ? If going for the camera, then no, the intent wasn't there.
April 10th, 2010 03:22 PM
Correct, in Florida robbery is considered a forcible felony, but the use of deadly force must also be reasonable or it would be considered excessive force. Would a jury think the person was attempting to steal/damage the property or kill you? If all the person is going for is the camera, you'd need a really sympathetic jury. If there is any doubt whether they were trying to kill you or not, then chances are you're hosed.
Originally Posted by merischino
The key pieces are: 1) Ability, 2) Opportunity and 3) Intent. So they have the Ability, and they have the Opportunity, but did they have the Intent . . . ? If going for the camera, then no, the intent to cause grave bodily harm and/or death wasn't there.
IMHO, use of deadly force would be a no, but OC, no problem. Think of it this way, say the camera set up cost $15k. A lawyer to get you out of using deadly/excessive force would easily surpass this amount easily going over $25k. Which seems the wiser decision is up to you.
Think of this as well, say initial investigation determines you were NOT justified in use of deadly force and you get charged with manslaughter or aggravated battery. Guess what, you are now charged with a forcible felony. If you had a weapon on you, then you would fall under the Florida 10-20-Life rule. This mandates a minimum 10 year prison term for a first offense if found guilty.
April 10th, 2010 03:43 PM
Again, was the Intent to steal property or kill you.
Originally Posted by friesepferd
April 10th, 2010 03:44 PM
Originally Posted by bladenbullet
April 14th, 2010 06:38 PM
GA - robbery = felony. game on.
"Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined" ~Patrick Henry
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