Can someone give a simple explanation on this topic? I had a crazy ass event happen today that has me questioning life!
Stand Your Ground
- Thread starter padtigers
- Start date
When firearms are involved, there is no simple explanation. If my assumption was wrong, my apologies.
This morning I was on my way home from my Mom's. Hit a traffic jam on I20 that was stand still. A dude appeared off the side of the interstate and attempted to car jack a lady. He was zonked out of his mind on drugs. A group of us zip tied his hands behind his back until the cops showed up. Today seriously makes me question people in general.
In South Carolina I would rather be judged by 12 than carried by 6. I would take my chance (at least prior to all the crap going on now days).
Good for y'all, we need more people like us in the world right now!
But from a legal standpoint, that'd probably be under the Good Samaritan law, vs stand your ground. Stand your ground is what those lawyers in St. Louis did, IINM.
First time I had a “shooting lesson” that’s the exact phrase I was told. if you feel threatened or in danger, I’m fire away.
Bold strategy cotton to car jack someone in stand still interstate traffic.
In South Carolina you're good.
[a] person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.” Also, S.C. Code Section 16-11-450(A) provides that “[a] person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known that the person is a law enforcement officer.” As such, the “Castle Doctrine” is not a “defense” to a crime like “self-defense” is. Instead, it provides IMMUNITY from criminal prosecution AND civil action for the use of deadly force. This means a person that is lawfully acting under the “Castle Doctrine” CANNOT BE PROSECUTED AND CANNOT BE SUED.
[a] person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.” Also, S.C. Code Section 16-11-450(A) provides that “[a] person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known that the person is a law enforcement officer.” As such, the “Castle Doctrine” is not a “defense” to a crime like “self-defense” is. Instead, it provides IMMUNITY from criminal prosecution AND civil action for the use of deadly force. This means a person that is lawfully acting under the “Castle Doctrine” CANNOT BE PROSECUTED AND CANNOT BE SUED.
I saw the whole this happen. He tried to punch out the lady's passenger side window. The ran around car and tried to get in the driver side. That lady was petrified!. Thankfully a group of men chased him off. Once the cops showed up all he would say is "Flacka". I know that is a crazy ass drug and this dude was out of his mind.
Stand your ground would have been if the woman getting carjacked had shot the meth head in the face
What about us men protecting her? Once he charged us do we then have the right to "stand our ground"?
Yeah I’m no lawyer so don’t quote KennyRogersRoasters to the police. I just know if the woman felt her life was threatened, as I’m sure she did, she was within her right to shoot that pos
As stated by someone else above I think that would fall under a Good Samaritan law. No chance you’re getting in trouble for protecting a woman from some crazed drug addict
I am pretty unfazed guy. Today was my breaking point. The craziest shit I have ever seen in my life
That’s a tough one. Your “force” would not have matched his. I believe you have the right, but if you shot him unarmed - there could be trouble. Without a weapon on him, I would not have. Your better off to throat punch the POS.
Damn fine work @padtigers ! Some may call that heroic. Fuhk that POS...isn’t Flacka synthetic MJ? That stuff always screws ppl up. Didn’t Nkimdeche have an episode on it?
He announced he had a weapon. The cops brought a K9 unit in and found nothing. Unarmed or not if I feel fear for me life do I not have the right to defend my life?
I have read about Flacks. No idea. Damn I smoke weed growing up. I ate and and had fun. That dude today was way out of his element
I would not shoot. Not in today’s environment. The castle doctrine doesn’t protect you because you aren’t in your home or your car. The stand your ground laws are suspect because there is a duty to retreat. It’s just really hard to say, the right family with money and the right lawyer - it could be problematic. I wouldn’t have used lethal force, but kudos to the group of guys For doing what you all did. Lots of people would not have. You remember the Zimmerman case years ago - he got off after a lengthy trial and he claimed stand your ground. He was attacked by the Trayvon kid, who was unarmed, but he had followed him or something Like that - and that was the whole case, he didn’t retreat and instead used deadly force. Your guess is as good as mine though.
You and the others did the right thing. You reacted and did what you felt was needed ... no reason to question that. Good job!
Yes as long as you can articulate that you feared for her/your or someones innocent life , yes absolutely, you are welcome to meet or follow up with me brother if you need, I am in Lexington, you can come buy and talk to me if you like, we run a small business in Lexington and I am retired law enforcement, let me know if You need anything brother
You are correct.
If you 'escalate' the confrontation, you likely have a problem. Maybe not.
The fear for your life thing is what's concerning.
If the guy is threatening you with words, and you beat him up.....you're ok maybe.
If he pulls a knife and you pull a gun and shoot him........you better have some cuts on you. Big ones.
Body cams are gonna become more popular, I think. Too bad, too.
Live, the story is much different and much more real than anecdotal.
All I need to know. Dude deserved a damn bullet. I seriously do not get too shocked. Today was absolutely the worst thing I have witnessed.
So I can watch a guy try to assault someone and I have to make sure HE did the appropriate thing to approve my defense actions?
sadly, that’s what’s wrong with the world today. You have to overthink your split second decision on what you need to do.
Don't take my word for anything (see other thread, haha)
Just some random rememberings from a CC class 35+ years ago.
Seems to me if you're defending someone who is being accosted, maybe seriously so, there ought be some leeway.
Don't know.
I would do it, protect the innocent? and roll with the results. Do what's right.
Always.
Your concern clearly comes through on this thread.
I am glad you brought it up.
I fear we may find these questions more pertinent in the very near next few months.
Understood, whatever you need , we have multiple LE officers who shop with us , K-9’s , Lexington Country, City of Columbia, if you want or need to talk to one, just let me know, anything we can do to help .......
I don't know, man.
Wish some with expert advice would chime in.
Some one charging you without a weapon and you shoot and kill them?
IDK
If they are beating you to a pulp, yes.
But, who wants to wait for that?
A close friend of mine is a Major with Lexington County. I have contacted him and I will say I got my answer
Not the answer you’re looking for....but there is no simple answer, even in SC (which is more “lenient” towards the responsible gun owners side relative to other states). Bottom line: Even if you are in your own home and an intruder breaks in....and you defend yourself because you are “in fear for your life” and you subsequently “remove the threat” by killing the intruder.....you are most likely going to jail. And that’s just the beginning of where the “process” of the legal system can bankrupt you. My point is you will most likely be exonerated if you were responsible with your actions....but the financial cost of proving that can be devastating. The situation becomes even more muddier if you are outside your home (the situation you described).
My advice: Don’t take my word for it. Do your research. Become knowledgeable of these situations pertaining to self defense and how your situation may be applied with your specific states laws. You will be surprised what you learn.
I will end my diatribe by stating this: there are insurance policies for individuals that have been forced to defend themselves/families. My wife and I have one. I will not divulge which one we chose because I don’t want to be perceived as having a vested interest in one policy over another. I’m just a fella that has done his homework, knows several individuals who specialize in self defense law and wishes to protect my family/assets in case I am put in a situation where I legally utilize self defense.
Using any weapon in a legitimate self defense situation is a much more complicated matter than most people perceive.
My exact concern. Thankfully it did not get to that point today. Exactly why I am asking. Today scared the hell out of me
My understanding as well. Not a criminal attorney or anything, but you have the right to defend yourself or someone else with whatever amount of force is justified under the circumstances.
I have the right to defend myself with force if I feel threatened.
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