This is a discussion on Attacked in fast food drive through within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by TedBeau OK, here's a question, suppose you do hit this guy in the face, throat, ear box, what ever, assuming your even ...
OC spray and then level the pistol on him. Call 911 and let police sort it out.
Know Guns, Know Safety, Know Peace.
No Guns, No Safety, No Peace.
Guns are like sex and air...its no big deal until YOU can't get any.
I'm not sure OC would be ideal here. He is reaching through your window, so you would be spraying inside your car, very likely to get yourself also.
As to the deadly force issue. You know that there are multiple assailants, very agressive, you already attempted to deescalate and retreated to your vehicle(castle). Assailant breaches your castle and begins chocking you. To me, all of this = deadly force.
Walk softly ...
Very similar story close to me. (MO Castle Doctrine protects you in your home and vehicle.) Grandpa was getting punched in his window and shot the BG. (No charges filed.)
we always say, you might beat the court, but you're still getting the ride!
and remember guys, we all have right to an attorney. it's not always 20,000 later.
what happened to the saying 'i rather be judged by 12 then carried by 6?'
you guys realize that if you have the 'right' to beat him up (punch him back, kick him, strike at his throat) you probably are already breaking the law (battery/agg battery, or called assault in some states) if it wasn't justified? and if it was justified, then you were probably justified in shooting your gun too since you were fighting back in fear of your life.
FWIW, in FL, a throat strike is considered a fatal hit. could change felony battery to aggravated battery.
One thing to remember guys this stuff happens extremely fast just a split second. Alot of the I would have done this and that is great, but unless you practice those scenarios I doubt it. The one about mag lites, throat punching etc. You waste that split second grabbing a mag lite instead of pistol then he draws on you. Mag lite would look pretty silly at that point wouldnt it? I was happy about not having to shoot him, who wants to get thrown in jail and go broke fighting some bs charge because some drunk career criminal attacked you? I will defenitely be buying some pepper spray type alternative. Thanks for all the comments.
Also to give you a little background on myself. Im 32 yrs old 6' 235lbs. Not in perfect shape but by no means an easy target. Do not drink at all. Im a lifetime member of both NRA and TSRA and a member of a local shooting club and avid reloader. Currently putting in lots of hrs on pistol in preperation to start shooting IDPA. If Im not working or shooting I will be fishing or hunting. Love to deer hunt rifle, pistols, shotguns, blackpowder, and archery dont matter to me. But my real passion is waterfowl hunting. As you can tell by my handle on this website the breed of dog I hunt is Deutsch Drahthaar. I would say Im not a stranger to guns. I know this is my first post on this website, but am by no means some internet tough guy who just went out and purchased his first pistol.
Thanks for posting the scenario/situation...As far as I'm concerned, wudda been a "good shoot"...TX self defense laws seem to be behind you all the way...Castle doctrine appliles for your vehicle...AOJ applies based on the attack....You attempted to deescalate, could not leave the scene based on positioning...Although things worked out great for you, based on your choices/actions, IMO had you discharged your weapon, you would have been within the law based on your description of the incident....JMO
Sometimes in life you have to stand your ground. It's a hard lesson to learn and even most adults don't get it, but in the end only I can be responsible for my life. If faced with any type of adversity, only I can overcome it. Waiting for someone else to take responsibility is a long fruitless wait.
Still exists, as a saying. But it doesn't change the fact that a person has got to believe death is likely, not merely a remote possibility. It'll depend on the specifics of the circumstances in a given situation, as not all people and situations are equal.what happened to the saying 'i rather be judged by 12 then carried by 6?'
As you say, justification comes down to the reasonableness of one's actions given the specific circumstances of the situation, not merely "fearing" what might be possible to some in some other circumstances.you guys realize that if you have the 'right' to beat him up (punch him back, kick him, strike at his throat) you probably are already breaking the law (battery/agg battery, or called assault in some states) if it wasn't justified? and if it was justified, then you were probably justified in shooting your gun too since you were fighting back in fear of your life.
As you remind us all, a single strike can indeed result in being knocked unconscious. A hands-on attempt at strangulation is just that: an attempt. It might or might not elevate a given attack to one that has any reasonable likelihood of succeeding. Depends. Agreed though, that if a person does have every legitimate fear of loss of life, then the gloves are off.
In Texas, you were legal to use deadly force. He entered your vehicle through the window and attacked you. Furthermore, he was choking you.
The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
When he turned white and backed away, you would be acting illegally to shoot him at that point. He retreated.
The fact that you said we want no fight and walked away showed further intent to avoid conflict.
The perp came back at you.
You could have filled him full of holes at point blank and been no billed.
You are right about the speed of things happening.
Im glad it worked out for you. I am somewhat amazed that you didnt shoot him.
I wonder what made you hold off in the moment? Will you will elaborate on that?
"When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it."
- Frederic Bastiat
for times like this i carry a 1 pound can of bear spray in my truck door!!!
If one bases one's self defense entirely on legal aspects, one is already defenseless.
Retired USAF E-8. Avatar is OldVet from days long gone. Oh, to be young again.
Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield