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"Reasonably Believe" threshold

Discussion in 'The Okie Corral' started by heliguy, Apr 20, 2012.

  1. heliguy

    heliguy

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    Refer to subpoint 3.) below: "Reasonably Believes" is the issue.

    This is going to be the ultimate decision for the Jury. Regardless of provocation by a defendant once they are attacked, at that specific moment in time, did they "reasonably believe" they could be seriously hurt. When the attacker is sitting on you smashing your head into the pavement, at that specific microsecond in time before pulling the trigger, did you belive the attacker was causing you "great bodily harm" or even greater harm....

    I'd hate to be on the jury in a stand your ground case....

    -----------------------------------------------------------
    The 2011 Florida Statutes

    Title XLVI
    CRIMES Chapter 776
    JUSTIFIABLE USE OF FORCE View Entire Chapter

    776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—
    (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
    (a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
    (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
    (2) The presumption set forth in subsection (1) does not apply if:
    (a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
    (b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
    (c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
    (d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
    (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
    (5) As used in this section, the term:
    (a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
    (b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
    (c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
    History.—s. 1, ch. 2005-27.
     
  2. M&P15T

    M&P15T Beard One

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    There is ONE THREAD on this topic for a reason.....and the mods want to keep it that way.

    This will get locked like the other recent thread surrounding the same topic.
     

  3. GD2J

    GD2J GoDirectly2Jail

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    Take it here:

    http://glocktalk.com/forums/showthread.php?t=1414782