even trying not to kill her, he still might.
This is a discussion on NC take a beating or draw your weapon within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; In the video I just watched a woman is being beat by her ex who was yelling' "I'm going to beat your ass". By his ...
In the video I just watched a woman is being beat by her ex who was yelling' "I'm going to beat your ass". By his words he made it clear he wasnt going to kill her. In NC an assualt is not a defendable situation with your weapon. At what point does an assualt turn into a situation in which you can use your weapon to defend yourself? I've heard that most people follow a 21 ft. safe zone. NC law makes it clear that being assualted does not give you the right to defend yourself with your weapon. There are situations where someone has been beat to "death". What is your opinion ?
Last edited by Captain Crunch; July 15th, 2009 at 01:47 AM. Reason: Fixed quote tags.
"It does not do to leave a dragon out of your calculations, if you live near him."
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Disparity of Force. If she ends up in a defenseless position and he continues to attack, then the "simple beating" becomes a lethal force situation.
Also, courts have repeatedly upheld that the shod foot against a defenseless victim is a lethal weapon.
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Remember, it only takes 1 jurist out of 12 to disagree with the prosecuting attorney.
"When the people fear the government you have tyranny...when the government fears the people you have liberty."
--Thomas Jefferson --
NC law needs a second look if this is true. There was a local incident here of a fairly big guy getting beat to death by two smaller guys and they were just using their hands and the environment (a curb) to do it. To be clear though assault is only a credible threat of violence due to actions. What does NC law say once things actually degenerate into a battery situation although it is probably too late at this point to effectively use your firearm.
NC Law states that you have to meet force with equal force, meaning that if I'm slapping you with an open hand or shoving you, you can't draw down and shoot me. But if you look at the fact that typically, men have a clearer advantage in force over women when it's all H2H, then the guy delivering a beating to the gal -- well there's a major disparity of force and brute strength (usually) and she would have every right to use whatever force necessary to stop the threat of serious physical injury, death, or sexual assault, per NC Law.
I think that sounds about right, right?
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I was taught in my class that you have to be genuinely in fear for your life, a circumstance that even when recounted under the harsh scrutiny of a courtroom setting would convince a jury that you acted correctly. When dealing with assaults, one thing that's going to come into play is the size/strength differential between victim and assailant. A person who is small, female, elderly, handicapped, or any combination thereof is going to have an easier time justifying the use of deadly force against a large male assailant than someone who's a physical match for his unarmed attacker. And of course, multiple attackers changes the equation as well. This is a paraphrase of a portion of what I heard in my CCW class and should not be construed as legal advice. I'm not an attorney.
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Reference this for clarity; http://www.defensivecarry.com/vbulle...ard-times.html
What you describe is both domestic abuse and aggravated assault, which is not solely dependent on the presence of a tool or some other secondary means beyond the aggressors own limbs. In some states the assault might be written up as assault with/and battery, battery being physical contact upon the victim with intent to wound.
Further it very well meets the disparity of force question as in relation to defense of self by means of equalizing force.
As well a verbally stated threat as you indicate is simple assault by itself even if he made no actual overt action toward connecting or did attempt to connect but missed or purposefully struck some other object instead.
Every situation is different and has it's own factors so you have to use your best judgement in addition to know the specific of your own state and local laws. Add to that understanding of regional and state direction toward crimes such as this and subsequent prosecutions.
Bottom line if I were a person and found myself cornered with no means or ability to 1) flee and at that I were 2) physically handicapped being smaller/weaker than the aggressor who is 3) making direct actionable threats toward me with 4) demonstrated overt intention to 5) do me great physical harm...Then yes, I would take measures do defend myself and by any means available to me as I deem necessary to protect myself and my being in the immediate as well as my health as in to the future.
If I were a juror toward such a person under such a situation as within the limits of the laws that constrain me I would act in my assessment/decision with a degree of understanding toward that of the person victimized as the accused.
I'm not an attorney though so triple check all and anything I state, not as advice but information, for accuracy, completeness, and as to your specific local laws relevance.
"...It only takes 1 jurist out of 12 to disagree with the prosecuting attorney." - mi2az
Please elaborate on what video you were watching.
Also in NC is is also: if citizen believes deadly force is necessary to prevent an imminent threat of death, or great bodily harm, or serious sexual assault, AND the facts and circumstances prompting that belief would cause a reasonable person of firmness to believe deadly force was necessary to prevent an imminent threat of death, or great bodlily harm or serious sexual assault.
This was copied verbatim out of my NC Concealed Carry Handgun Training book as it was on the nightstand.
Disparity of force and "imminent threat of great bodily harm" are both evident in this situation.
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The video im talking about is the one we had to watch in the chp class as per state requirment and the part im refering to is where an ex boyfriend calls his ex girl and tells her im coming over and im going to kill you and when he arrives he comes in and says ima bet your ass starts beating her on the floor
the video stops the lawyer starts talking about her not being able to use deadly force at this point but if it keeps going she can now im no brain surgen but at that point in the beating its to late she is already beat to the point she probly cant function but if she had drawn her handgun when he arrived she would be open to be charged ?
Now i myself have never and dont think i will be in a situation like that to be scared of just a bare handed beating im not a small man and do have hand to hand combat training but i dont want to be rolling around with someone who could get ahold of my sidearm so thats where the question comes up for me
as per the video "if someone slaps you you cannot use deadly force" i get that but now i slap em back now you have 2 folks fighting at close range and there is atleast 1 gun involved.
I like the idea of the 21 foot safe zone but i cant see where NC laws is going to help me if i draw to stop a bad situation and he beats me to call the police.
and i have had to draw my firearm 2 times with full intent to shoot but both times the subject stoped dead in his tracks and retreted
once a guy came at me with a 2 x 4 at about 10 feet i drew he stopped went in reverse same thing happen with a guy with a bat
first guy btw was after a guy who worked at the same place i did best i could figure i was the biggest one outside is why he came after me second time was a crack head after money.
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Oh, yeah. A felon is going to telegraph his actions via his words, and those words speak correctly of intent, yes? Right.
Li'l Johnnie might well be desirous of a bit more blood for dinner, tonight. You simply cannot tell the assaulter is going to be satisfied with a bit of "innocent" slapping around.
Everything will come down to the legitimate fear of being taken out by the brutality/aggressiveness of the assault. Reach that point and most state statutes support a victim not having to go that last step to death in order to find out if Li'l Johnnie was just foolin' around.