“Wyrd biõ ful ãræd.”

Wednesday, July 17, 2013

"A person who uses threats or force in accordance with Code Section X, XX, XXX, or XXX shall be immune from criminal prosecution therefor"

 My state, being a Southern state, has very strong laws written to protect any citizen who is forced to defend themselves, their property, or others.

Defense from a forcible felony;
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force;





Use of force in defense of habitation
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

   (1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

   (2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

   (3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.




No duty to retreat prior to use of force in self-defense

A person who uses threats or force in accordance with Code Section X,  relating to the use of force in defense of self or others, Code Section XX, relating to the use of force in defense of a habitation, or Code Section XXX, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.


2 comments:

  1. I gather from what Mark O'Mara (Zimmerman's attorney), that Florida's version of this law also includes protection from civil prosecution (like the one that found OJ guilty of those murders).

    He said he intends on using that to protect Zimmerman from retaliatory lawsuits.

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  2. Yeah, the whole point of the stand your ground law here was because people got sick of somebody using a gun to defend their family, then some prosecutor got all starry eyed about a big case and tried to prosecute the home owner. You'd have thought you were in England there for awhile. But with that law, it precluded those kind of travesties, and also prevented the deal where some guy with 35 felony convictions breaks into your house with a hammer and a machete, you shoot him, he lives, and he sues you. Doesn't matter what the feds do, my state will never give up our Castle and Stand Your Ground laws. I think the federals are finding out that they can't just force their will on people anymore.

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