In this case it seems that an attacker would actually have to hit you before you can use force. You can't just shoot em over words while they're running at you. If they attack you and you can't get to your gun, put your fist in their mouth as deep as you can and pull their heart out."clearly defigned" is a matter of opinion. Here in Indy, the Prosecutor requires surgery to file a charge with SBI. Broken bones DO NOT meet their criteria of SBI, it is simple assault. Unless the broken bone causes another injury...brain injury, femorial injury...etc. "Vanilla" broken bones are not included. Being knocked dizzy or briefly unconscious does not seem to work for them either. Just saying. You may be in the right in the end but the criminal court process could be draining (emotionally and financially) and if you catch criminal charges, you will see the "victims" family get a lawyer, they will feel free to sue you for wrongful death and civil procedures are so much worse than criminal, they can go on for years and years.
IC 35-41-1-25
"Serious bodily injury" defined
Sec. 25. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) extreme pain;
(4) permanent or protracted loss or impairment of the function of a bodily member or organ; or
(5) loss of a fetus.
As added by P.L.311-1983, SEC.26. Amended by P.L.261-1997, SEC.1.
In this case it seems that an attacker would actually have to hit you before you can use force. You can't just shoot em over words while they're running at you. If they attack you and you can't get to your gun, put your fist in their mouth as deep as you can and pull their heart out.
Key words highlighted..IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary
Bernhard Goetz... I'm surprised his name hasn't come up yet.
Bernhard Goetz - Wikipedia, the free encyclopedia
Wrong. IC 35-41-1-25 cannot be taken alone,
However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent [STRIKE]serious bodily injury[/STRIKE] bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, unconsciousness, extreme pain, permanent or protracted loss or impairment of the function of a bodily member or organ or loss of a fetus to the person or a third person or the commission of a forcible felony.
Wrong state...
This is Indiana, not New York.
We could have different laws on self-defense.
Could you elaborate a little on your point?
From reading the link I think he was fully justified in his initial response EXCEPT for shooting the last shot.
If the accounts are correct that he gave him "another" then that was over the line IMHO. He's lucky that attempted murder charge didn't stick if that was true.
Exactly, it's New York not Indiana. I'm sure you're clear on which state is significantly more anti-gun (especially in the city). Though I certainly DO NOT condone shooting an unarmed man running towards you, I am of the belief that self-defense could be easily articulated.
Ah, Ok.
Got it...I think.
It's gonna come down to what the prosecutor believes happened based on the information he is provided. Then, the same for a jury if it doesn't initially go your way.
IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary
kneecap first?
kneecap first?
I'll play it.Been addressed in the rest of the thread that you havent read
Good luck hitting a small, moving object.kneecap first?