Use of Force Law

PA law does have a "goading" exception as well. Not sure about Florida, I'll have to research that one.

 

I wonder if there is a sliding scale on goading. With you lot the threat level is more significant IMHO

 

Florida SYG law removes duty to retreat. That is all it does. Per Section 776.013 (use of force law)

Below is the link to the law removing our Duty to Retreat (aka Stand your ground)

Statutes & Constitution :View Statutes : Online Sunshine

2c-d)

(c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
(d) The person against whom the defensive force is used or threatened 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 or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

Statutes & Constitution :View Statutes : Online Sunshine

I know our law was fumbled a little bit RIGHT when I got my concealed, but has since been updated to be more logical. If you are in the act of committing a crime...the law does not apply.


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Oh I didn't know about the amendments made later, my bad. I was simply remembering having DAs going en mass to Harrisburg to lobby for what you noted above in the PA law (which was passed shortly after FLs) pointing to the lack of said provisions in FL as an example of how not to do it. Thanks for the update

 

Duplicate ooops

 

No problem.

I am pretty up to date because of having my concealed carry. I don't like not knowing legislation. Plus our laws are REALLY easy to read. They have to reference the laws to which they refer and quote them. It is nice.


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Again that depends on how you define deadly force. Supposedly any sort of strike to the head can be defined as deadly force in court.

 

Just no.

 

Pretty much. I think sometimes people may get a "red zone" via the UoF continuum confused with lethal force.

 

Oh my bad...after reading through some of the exchanges, I thought I was on the Wing Chun forum for a moment. How has this not gotten locked down yet? LOL

 

Striking to the head has a good chance of knocking out teeth, breaking noses and so forth both of which fall under the category of great bodily harm.

 

Yes but not deadly force. The repercussions could be though. Say trauma caused when they hit the deck. Likely would result in being charged with manslaughter.

 

Have you ever arrested or charged someone with assault/battery/harassment, or been involved in a prosecution for same? I think some of us have a pretty good grip at what qualifies ad deadly physical force and what doesn't within our particular jurisdictions.

 

I've never been involved in any legalities regarding the use of force in a confrontation but I know of people that have.

 

I know specific examples of people getting in trouble causing specific levels of injury in confrontations. I know of a martial arts student who was charged and convicted of a felony for knocking a guy's teeth out in a confrontation although the circumstances leading up to the confrontation no doubt played a big role in his conviction. I do not consider knocking out teeth to be at the same level as some of the other injuries that you suggest such as amputation of a limb, lacerations, ect. but its not about what I consider it to be its about what the law considers it to be. In some states broken bones and knocking out teeth fall under the category of "grave bodily harm" and carry that weight in court.

 

Exactly. And even then...depending on all the circumstances...you may not get convicted.

 

Oliver Dearlove: Banker killed with 'single punch' for talking to women - BBC News


This is a current court case going on here, no verdict yet as it's still ongoing. It would be interesting to read how people think it will go and/or what they think he should have been charged with.