August 12, 201610 yr Where is the line drawn in the Florida stand your ground statute? If someone jumps out of their car like in this incident at what point are you allowed to shoot them? Is it when they start moving at your car? Do they have to be within a few feet of your car? Do they actually have to be trying to get into your car? Also, if you are the person who started the incident, then you lose your right to claim self-defense.
August 12, 201610 yr Where is the line drawn in the Florida stand your ground statute? If someone jumps out of their car like in this incident at what point are you allowed to shoot them? Is it when they start moving at your car? Do they have to be within a few feet of your car? Do they actually have to be trying to get into your car? Also, if you are the person who started the incident, then you lose your right to claim self-defense. I disagree. If the shooter began the interaction by being a jerk, but the deceased ramped things up to the point of committing violence or being aggressive enough for the other person to be in fear for his safety, the shooter has every right to defend himself. Again, it is not necessary to take a punch or allow yourself to be assaulted before you defend your life.
August 12, 201610 yr I disagree. If the shooter began the interaction by being a jerk, but the deceased ramped things up to the point of committing violence or being aggressive enough for the other person to be in fear for his safety, the shooter has every right to defend himself. Again, it is not necessary to take a punch or allow yourself to be assaulted before you defend your life. That is not my opinion. That is the way the Florida law is written. The person who instigates an incident loses his claim to self-defense under the stand your ground law. Specific circumstances will always play into this but that is the way the law is written.
August 12, 201610 yr That is not my opinion. That is the way the Florida law is written. The person who instigates an incident loses his claim to self-defense under the stand your ground law. Specific circumstances will always play into this but that is the way the law is written. The law is written so that there are scenarios that still allow this defense to be used by an initial aggressor. Say for instance that person 1, the initially aggressive person, calls out person 2 in an aggressive fashion. Then after person 2 exits his vehicle and person 1 realizes that he bit off more than he could chew so he tries to diffuse the situation and calm person 2, yet person 2 will not be calmed and begins a physical altercation or threatens a physical altercation that makes person 1 believe their life is in jepoardy , person 1 can justifiably defend his life with deadly force.
August 12, 201610 yr Person who caused the road rage is not the initiator of the incident. The incident is the aggression itself, which was initiated by the person who left his vehicle to attack another person. From what I've read, that is how the state's attorney is interpreting it.
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