[quote]Zap Branigan wrote:
oriensus wrote:
SkyzykS wrote:
At least in PA, that is not even close to true. You have to make a reasonable attempt to escape, with the level of violence having to be extremely high and the ability to escape non-existant before you can claim self defense.
The reasoning is this- If you feared for your safety to such a degree, you should have tried to escape before doing ANYTHING else. Violent self defense is the last resort. At least around here.
I’m sure it varies from state to state.
Good point and thanks for sharing your story. I hope PA isn’t really gonna uphold this strictly, I mean c’mon, they really just expect people to run away from fights? Can you really imagine yourself RUNNING away? The act of escape can easily open yourself up for violent attacks. I think PA’s argument against violent self defense can easily be countered in the court.
Many states besides PA have similar laws.
[/quote]
This was exactly how the law in Florida read up until last year. Got to hand it to Jeb for overturning this load of crap. Of course, the anti-gun candy-asses in the media had a field day predicting that now, since one was not required to flee if being attacked in a place they had a lawful right to be, that Florida would now be like the old West with shoot-outs taking place in every parking lot and corner gas station. This, of course, has not happened.
The fucked up thiing is, the “duty to retreat” law SkyzykS described above was on the books for decades and it took several people being maimed and/or killed trying to “lawfully flee” from their attackers instead of defending themselves for it to finally be overturned. The law as it was favored the criminals, for crying out loud!
Oh, and as far as fight/law experience, I have a simple battery charge from 1992 that still follows me around. Got into a fight in a parking lot when I was 18, and it had closed countless doors for me over the years.
The night in jail was actually kind of fun in that I had a lot of funny stories to tell about the drunks and weirdos I was in there with. Oh, and that “you’re sitting in my seat” intimidation crap is only on TV; if someone is in county, that means he’s a short timer (<1 year) and doesn’t want anything dragging out his sentence or sending him to prison.
Besides, I was in max, and I didn’t see anyone I couldn’t take.