Self Defense Question

Itstjs

Itstjs

New member
Would you be able to defend yourself from the owners of property if the situation arises? Say the owner attacks you on his/her property, would you be able to draw your weapon and defend yourself without any sort of legal problems? Im talking worst case scenario, say Im at a friends house, and he gets upset with me for what ever reason, and him and a couple of people start attacking me, would I be able to defend myself on his land? Sorry if my ramblings confuse anyone. Im not exactly sure how to word it the best.

Thanks.
 
Of course.

Now, whether there will be enough evidence of what happened to keep you out of jail is another question entirely.

"An armed society is a polite society." - RAH
 
I don't see why you wouldn't be able to defend yourself. There is the "home-field advantage" to consider, so make sure you have a good lawyer. Ulitmately, I don't think that your location has anything to do with justification. Of course, all the reasons come in to play, but do what is right for you. Always.
 
I think it doesn't matter where you are when you defend yourself.
(i.e. public street, park, or Friend's house)

I think you maybe confused with "Castle Doctrine"
(not all states has this right, check with your home state)

Basically You have duty to avoid deadly situations.
Scenario 1,
You are driving your car and someone 6'5" 350lb with 2x4 on hand yelling and Cursing at you from sidewalk.
if you stop and argue with him then you feel fear of your safety and shoot and kill him.
You may need goooood lawyer for this.
because You did not avoid conflict with him at first place.
and you could leave anytime before it escalate to deadly situation but you stay and continue.
(sometimes, you stay because you know you have gun on you)
means you brought yourself to situation where you have to kill him.
(same as when you chase someone and shoot was not self defense, even he robbed you or stab you)
If there is no way to avoid (run, hide or ignore etc), then your right to defend yourself stands.
(i.e. Guy jump in front of your car with 2x4 on his hand and Block your way then start attacking you)

But if you are in Castle Doctrine state, you don't have duty to retrieve yourself if you are in your own property.
You can avoid deadly situation by running away form attacker, you have to do it before you use deadly force but you don't have to do it if you are in your own property and still Self Defense stands.

the another scenario,
You start argue with your friend in his home.
He said " You get out of my house !"
You said "No ! I won't leave till you apologize to me "
(after he request you to leave, you are violating "Trespass" )
He grab your chest and start shaking you or slam to wall.
(he is committing battery or simple assault, but he has excuse for your trespassing. also he has Castle Doctrine right)
Then you feel fear and shot him.
you may need goooood lawyer for that.
 
Unfortunately I have seen this end up badly. There is an inmate here that had a self defense situation in a known badguys house that was his neighbor. the cops knew the neighbor well but here is how it went down. they were having drinks in the neighbors house and somehow it ended up with them fighting for a knife and the neighbor was killed. a jury convicted the inmate of murder. he claimed self defense and the local PD even confirmed that the neighbor was a known problem. but it was in his property and there was only one story to be told. he is doing hard time now. it was a jury trial.
 
Thank you guys for the help. I have a new scenario for you guys.

You go with a friend to say, a party. Youre not sure whos going to be there, but its at another persons house, or residence. You show up and start having fun. Hes got a pool table [just cuz I like pool =) ] Some more people show up, and in this case, one of the guys does not like you. Without warning, 3 of them start getting in your face, pushing you, taunting you. Now, my first reaction to that would be, trying to get around him to go else where, if not just straight up leave. Say your friends are backing you up, trying to avoid conflict, but the Owner just tells the men confronting you to chill out and have fun...Suddenly, it escalates, he grabs one of the pool sticks, and starts hitting you with it, all 3 of them do. In that situation, is it legal for self defense? My states DOES have the "Stand your ground" law, [castle doctrine as well if theyre not the same thing]
 
Itstjs said:
Thank you guys for the help. I have a new scenario for you guys.

You go with a friend to say, a party. Youre not sure whos going to be there, but its at another persons house, or residence. You show up and start having fun. Hes got a pool table [just cuz I like pool =) ] Some more people show up, and in this case, one of the guys does not like you. Without warning, 3 of them start getting in your face, pushing you, taunting you. Now, my first reaction to that would be, trying to get around him to go else where, if not just straight up leave. Say your friends are backing you up, trying to avoid conflict, but the Owner just tells the men confronting you to chill out and have fun...Suddenly, it escalates, he grabs one of the pool sticks, and starts hitting you with it, all 3 of them do. In that situation, is it legal for self defense? My states DOES have the "Stand your ground" law, [castle doctrine as well if theyre not the same thing]
Click to expand...

Yes. If you are attacked, outnumbered, and have been harrassed by these people before, then you're good. Defend yourself. I could see the question of your staying there after the threats/harrassment/whatever started, but to each his own. In this scenario, there are obviously people there who were witness to you being an innocent victim.
 
I see it this way, It's easier to answer these questions if you're still alive. There will be witnesses in the situations and scenarios you have written about, and I'm sure more than one of them will be able to corroborate your story.

Better to be tried by 12 than carried by 8.

Peace...
 
Be very careful when deciding to pull out your firearm. A lawyer explained to me that in any given situation you should not pull out your firearm unless you're ready to pull the trigger. Imagine that you pull out your gun just to warn him, but then he pulls out a gun too! You're pretty much f-ed in this situation because you instigated the scene and you'll either end up dead or legally deemed a murderer. In any situation where you feel your well-being is at stake, it's best to leave the situation if possible. Even if you live in a Castle Doctrine state, it's still better to walk away from situations like this because you won't have to deal with the paperwork or any other headaches. I mean, seriously, if you're hanging out with your friends and someone is giving you heat, is it worth the situation possibly escalating to a point that would warrant deadly force. I'm sure a lot of people wouldn't agree with me, but I'm a paranoid kind of guy who will leave a place in a heartbeat if I feel I may face conflict later on. If I'm at a party and some guy is pressing me, I'll likely just call it a night and go home and play video games.

I was in a similar kind of situation a year ago when some guy I didn't know was at a gathering my friend was throwing. He was threatening me because of a misunderstanding and said he was going to kick my ass. I just got up and left on the spot, even though I had my gun with me. I didn't feel it was worth staying around in the off-chance that something broke out. I just called my friend the next day and explained what happened. No hurt feelings.

Please, for the love of God, just use common sense when deciding to use deadly force. In my personal opinion, the use of deadly arms should be a last resort in case your life is being threatened beyond your control.
 
self Defense

the law states you may not have permission to have a concealed weapon on private property. So if you pull out your weapon you may need a good lawyer.
 
Itstjs said:
Would you be able to defend yourself from the owners of property if the situation arises? Say the owner attacks you on his/her property, would you be able to draw your weapon and defend yourself without any sort of legal problems? Im talking worst case scenario, say Im at a friends house, and he gets upset with me for what ever reason, and him and a couple of people start attacking me, would I be able to defend myself on his land? Sorry if my ramblings confuse anyone. Im not exactly sure how to word it the best.

Thanks.
Click to expand...


Itstjs:
In NH you have the right to defend yourself anywhere you have a reasonable belief that you are, where you are, legally. If you were invited, your covered. were your atackers there legally? Having said that, I would be sure to use that force, in THIS case, as a last resort after obviously attempting to retreat. There maybe other friends/family present. Such an attempt to retreat will influience testmony of those witnesses.
 
gprosperie said:
the law states you may not have permission to have a concealed weapon on private property. So if you pull out your weapon you may need a good lawyer.
Click to expand...

Laws vary from state to state. In SC you absolutely CAN carry on someone else's private property...but only with their permission. Of course you would be charged with a misdemearnor if you did not have permission. And it MAY (probably would) afffect a jury decision against you.

SOUTH CAROLINA CONCEALED CARRY LAW
SECTION 23-31-225. Carrying concealed weapons into residences or dwellings.

No person who holds a permit issued pursuant to Article 4, Chapter 31, Title 23 may carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

Link Removed
 
Midnight said:
Be very careful when deciding to pull out your firearm. A lawyer explained to me that in any given situation you should not pull out your firearm unless you're ready to pull the trigger. Imagine that you pull out your gun just to warn him, but then he pulls out a gun too! You're pretty much f-ed in this situation because you instigated the scene and you'll either end up dead or legally deemed a murderer. In any situation where you feel your well-being is at stake, it's best to leave the situation if possible. Even if you live in a Castle Doctrine state, it's still better to walk away from situations like this because you won't have to deal with the paperwork or any other headaches. I mean, seriously, if you're hanging out with your friends and someone is giving you heat, is it worth the situation possibly escalating to a point that would warrant deadly force. I'm sure a lot of people wouldn't agree with me, but I'm a paranoid kind of guy who will leave a place in a heartbeat if I feel I may face conflict later on. If I'm at a party and some guy is pressing me, I'll likely just call it a night and go home and play video games.

I was in a similar kind of situation a year ago when some guy I didn't know was at a gathering my friend was throwing. He was threatening me because of a misunderstanding and said he was going to kick my ass. I just got up and left on the spot, even though I had my gun with me. I didn't feel it was worth staying around in the off-chance that something broke out. I just called my friend the next day and explained what happened. No hurt feelings.

Please, for the love of God, just use common sense when deciding to use deadly force. In my personal opinion, the use of deadly arms should be a last resort in case your life is being threatened beyond your control.
Click to expand...

AMEN BROTHER!!!!!! I know that I have the means to protect/save my life when the BG puts me there. I also know that because I have a licence to carry consealed, I'm going to be held to a higher standard and thats fine with me! I do not own anything worth killing for however, how would all my stuff get by without ME???:sarcastic:
 
here : If you provoke the situation that ends up escalating to deadly force, you have no right to self - defense. Period.

It keeps someone from instigating a situation and gouging someone to the point they pull a gun, and then you argue you are justified in shooting them, when that was your intent all along.
 
If your problems are stemming from parties and social gatherings, you may want to leave the gun in the car and learn how to fight. Much easier to break a dude's face for threatening you with a pool cue, than explain to a jury how scared you were of the drunk frat boys that surrounded you.

These situations are tough. I've seen plenty of 'bar/party fights'. Never ONCE has a situation gotten so out of hand someone would need a gun to defend themselves. But, better safe than sorry I suppose. I'd just avoid the situations, or learn to fight. It's much easier than worrying about killing someone who threatened you at a social gathering.
 
"I was in a similar kind of situation a year ago when some guy I didn't know was at a gathering my friend was throwing. He was threatening me because of a misunderstanding and said he was going to kick my ass. I just got up and left on the spot, even though I had my gun with me."

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX B N M

You did the right thing. You also have more sense than me. I might have left, but it would have been after saying to him:

"I am leaving because I don't want this getting out of hand. I was invited here for a party, not a fight, and in respect to my friend "XXX", I will not be a part to violence st his home. Because of that, you can consider yourself extremely lucky. Had you tried to kick my ass, you would have enjoyed your last day on this Earth."
 
Self defense is a legal claim that you have to assert in court. It falls under the category of affirmative defenses (basically, you acknowledge that you did something, but your actions were justified by the circumstances).

When you assert a self defense claim, the burden is on you to prove to the court that your actions were in fact self defense. However, the general rule on self defense is that you cannot be in the commission of an indictable crime at the time of the incident. If you were, you cannot, as a matter of law, claim self defense. Once you get past that legal hurdle, you must then convince the jury that you had the "mantel of innocence" in that you did not do anything to instigate the incident. Basically, you (your attorney) have to prove that you would not have committed that act without the circumstances that you were in at that moment.
 
GOV5 said:
"I was in a similar kind of situation a year ago when some guy I didn't know was at a gathering my friend was throwing. He was threatening me because of a misunderstanding and said he was going to kick my ass. I just got up and left on the spot, even though I had my gun with me."

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX B N M

You did the right thing. You also have more sense than me. I might have left, but it would have been after saying to him:

"I am leaving because I don't want this getting out of hand. I was invited here for a party, not a fight, and in respect to my friend "XXX", I will not be a part to violence st his home. Because of that, you can consider yourself extremely lucky. Had you tried to kick my ass, you would have enjoyed your last day on this Earth."
Click to expand...

Why wouldn't you just put your gun somewhere safe where it wouldn't be found, then go outside with the guy and take care of business?
 
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