Deadly force against "unarmed" attackers

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Just a punch to the head?

Spending 5 years as a Bouncer in Liverpool England (a tough seaport) I can state with out fear of contradiction, even at 72 YOA, I could kill you with a punch.

Knowing that, would it not be reasonable to assume other people could do the same to me? And for me to put the required amount of 1200 FPS Hollow Points in a persons chest, to stop that possibility? A possibility I know to be a fact, under certain circumstances.
 
Quote:
776.041 Use of force by aggressor.--The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
If you have tried everything else and he is threatening to or attempting to kill you...well, you gotta assess the situation at that moment and hopefully you can come out unharmed, but you cannot under any circumstance shoot first and ask questions later...completely unacceptable.

By all means be ready and able to defend yourself, but also understand that the perception of a threat must be clear and evident beyond doubt, not in any way questionable.

Um Kentucky Dave, you did notice that the aggressor( the one who started it ) is responsible to exhaust all means of escape before using force in self defense not the defender right?

The defender may use force when and to the extent necessary to defend himself or herself from imminent unlawful force.

776.012 Use of force in defense of person.--A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

(2) Under those circumstances permitted pursuant to s. 776.013.

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.--

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting 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 force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
 
A man gets very angry with you for some reason. You are pretty darn sure is he unarmed, although you don't know for sure. You want to leave, but to do so would be impractical for whatever reason (let's say you accidentally backed into his car or something and have to wait for the police.) He continues to get irate with you and begins threatening you, beating his chest, etc. He comes towards you, and you draw your pistol. He then says something like "I dare you" and keeps coming. I think it is 100% clear to fire. What say you?

And what other situations can you think of where an unarmed man is threatening to get into a physical confrontation with you when you would NOT be able to use deadly force?

In that situation if your carrying pepper spray , you could use it.
 
"This is where you are entirely wrong and will definitely end up in a court room. You just entered into mutual combat then took someones life. This is the definition of manslaughter, period.

It's very simple. If you carry a gun, you have the responsibility to not get into a fight. I will say again, if you don't have it in you to walk away, you don't need to be carrying a gun. If you are unable to get away after trying every possible route you can to escape the attack, you are now in danger of great bodily harm. This isn't that difficult."

I'm not wrong and things aren't that simple. But I understand that you disagree. I submit you've simplified the dynamics of the street and the ability to always disengage, do not understand the law, and have packaged a neat solution accordingly, namely "flee or shoot." It is not that black or white, and I hope that you never have to test your convictions.
 
I'm not wrong and things aren't that simple. But I understand that you disagree. I submit you've simplified the dynamics of the street and the ability to always disengage, do not understand the law, and have packaged a neat solution accordingly, namely "flee or shoot." It is not that black or white, and I hope that you never have to test your convictions.
It is that simple, and you are indeed wrong. My understanding of the laws of my state and area are much more clear than yours and have been influenced by both lawyers and law enforcement. I did not say flee or shoot, I said flee. If you are unable to do so you are under attack and are justified to shoot. Even a single punch can cause unconsciousness if landed right, and even a simple broken nose can result in years of surgery to repair, and one does not have to subject oneself to such atrocities from a random attack that you tried to escape from. Your explanation however was a definition of textbook manslaughter. You stated a situation where you enter into a fistfight and end up killing the other party involved. You, sir, are the one unclear as to the laws.

kcshooter said:
It's very simple. If you carry a gun, you have the responsibility to not get into a fight. I will say again, if you don't have it in you to walk away, you don't need to be carrying a gun. If you are unable to get away after trying every possible route you can to escape the attack, you are now in danger of great bodily harm. This isn't that difficult."
If this isn't comprehensible by you, you may want to run it by a lawyer before you do what your example said and get into a fist fight which leads to you shooting the other party.
 
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bigdog21
regardless of the heading, the text quoted serves multiple purposes, one being an outline of a situation where force is justified, IMO regardless of who is the aggressor.

to add some fun...
as stated, the "Person" is acutally the assailant and the "assailant" is actually the person initially attacked.
With that level of clarity in mind, one MUST be absolutely certain that they have exhausted every means of safe egress and be 100% certain that there is no other choice but to use the weapon.
In good faith, the person (the original attacker) withdraws from physical contact with the assailant (the original victim) and indicates clearly to the assailant (the original victim) that he or she desires to withdraw and terminate the use of force, but the assailant (the original victim) continues or resumes the use of force.
I am relatively sure you are NOT saying that you agree that a crook can attack somebody, realize it was a bad decision as he gets the [expletive deleted] kicked out of him, claim he was in fear of his life and shoot the person he attacked.

That text leads one to wonder if the crook is justified in shooting his prey if the prey pulls a gun to defend himself.
See what I mean? (Bad grammar, but a good point)

To err on the side of caution is a wise move, wouldn't you say?

***edit***
YES, we are pretty well covered in a justified shooting in this state.
The issue is, will the first responders find what you interpret as justified in the same way?
Will a hungry prosecutor?
Is it worth the risk?

I subscribe to the "Feet don't fail me now" school of thought.
If I can get away I will do whatever it takes to do so...hopefully they don't force the issue and leave me no choice.

That leads to the next fun issue..."Leaving the scene of an accident" :neener:
(couldn't resist) :D
 
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KCShooter,
Like I said, you disagree. And like i said, it is likely in error. To spell out my assertions: If you believe that you'll always be able to flee, you're wrong. If you believe you'll be engaging in mutual combat at that point, the point where you are prevented from fleeing, you're wrong. If you believe that you have carte blanche legal authority to use lethal force the moment you realize you'll be unable to flee, you're wrong. (Hence the "flee or shoot" tag. By the way, how is it you claim that you're justified to shoot off the bat, but not after trying to fight your way to freedom first?) And if you believe that most cops, prosecutors, and members of the jury won't see it that way, well, I suggest that... you're wrong.

It's not personal and I wish you well. But I can't sit by on a forum repleat with folks who might not know better due to its nature and read black and white "just shoot them" advise without commenting. The average carrier, simply stated, will have to make some physical effort first before going to the gun, and then still have to justify the action.

Oh, and I've taken people to jail for using disparate, unjustified amounts of force. Have you used it without consequence? (Not really looking for an answer. The question is rhetorical.)

The audience can decide.
 
And if you believe that most cops, prosecutors, and members of the jury won't see it that way, well, I suggest that... you're wrong.
Again, this is knowledge gained thru discussions with lawyers, one a former prosecutor for a large metro city, and LEO's. Knowing their background well and not knowing a thing about yours, I'll go with their take on the situation. I do suggest you review laws in your state and area with a lawyer also. I've also trained at two major schools, one in my state, and this isn't going against the grain of what is taught there.
The average carrier, simply stated, will have to make some physical effort first before going to the gun, and then still have to justify the action.
Your advice here to fight with someone while armed is irresponsible. Your assumption that you will be able to either overpower an attacker, or be able to access and use a weapon during a scuffle if you are unable to overpower them, is naive.
But I can't sit by on a forum repleat with folks who might not know better due to its nature and read black and white "just shoot them" advise without commenting.
You're obviously having a issue with reading comprehension. I said nothing of the sort. Again, I said flee in all situations until unable to do so and at that point, assess whether or not you are in danger of bodily harm. Your assumption that a single punch does not constitute an attempt at great bodily harm is uneducated. Speak with a EMT, paramedic, or ER nurse or doctor.



My disagreement is not based solely on my own opinion. I have sought out the knowledge of those in each facet of these situations. I have gathered information from several sources. They all concur. If your opinion differs, that's fine, but I would suggest some fact checking on these matters. Again, it is possible that attitutes and laws differ in your area than mine, which is why I've said several times to know the laws of your state, county, and city.
 
Maybe we're just missing each other's points. But like I said, I'll leave it to the audience to decide.
 
Talking!

You know I read all of the posts, I am not much on watching TV.

I have a feeling that most of the nice folk here on THR never had a violent encounter since they were in kinder garten! And that is a plus for the nice people they live among, but the reality of dealing with a violent attack upon your person, by an other human being not known to you is simple.

SHOOT TO KILL!

When you doubt your instincts, you loose. "He who hesitates is lost" sound familiar.

Deal with the laws and lawyers if you survive.

Now before all the barrack room lawyers spring to attack me, forget it, I am still here, at 72 by doing what I thought was best for me and mine all my life.

And will continue to do so "God bless the USA" my adopted Country.
 
I have a feeling that most of the nice folk here on THR never had a violent encounter since they were in kinder garten! And that is a plus for the nice people they live among, but the reality of dealing with a violent attack upon your person, by an other human being not known to you is simple.
Now before all the barrack room lawyers spring to attack me, forget it, I am still here, at 72 by doing what I thought was best for me and mine all my life.

Why don't you tell us about your personal fights? How many fistfights, gunfights, knife fights have you survived? Since you've got so much personal experience, I think you should share it with us so the rest of us who haven't been in a fight since kindergarten can benefit. Details are required, names, dates, places, something we can verify.

Jeff
 
Jeff White wrote:

Why don't you tell us about your personal fights? How many fistfights, gunfights, knife fights have you survived? Since you've got so much personal experience, I think you should share it with us so the rest of us who haven't been in a fight since kindergarten can benefit. Details are required, names, dates, places, something we can verify.

Jeff

Guess this would be it ...:rolleyes:

Old Guy wrote:
Spending 5 years as a Bouncer in Liverpool England (a tough seaport) I can state with out fear of contradiction, even at 72 YOA, I could kill you with a punch.

FerFAL
 
I've never drawn on an unarmed man, but I did once get a three star ass chewing for drawing(but never pointing it in the direction of) a guy half again my size w/ a rake. It was a gravle rake, not a lawn rake. Thankfully PD was on the way, and the first words out of the sorry excuse for a cop in the first car(we were acquainted before he got on the force) was "Who wants to get shot?!?". When all was over, the under Sheriff showed up, and chewed me up one side and down the other for un holstering my weapon. I was working security in the parking lot of a Go Go Bar at the time.

PS. I think I'd rather buy OldGuy a beer, than punch it out w/ him, and I've been in a fight or two since KindyGarden as well ;)
 
I just took my class, and we also did a lot of scenario discussions. IMHO, given your scenario, it would not be a good shoot. Now if he had a weapon in his hand, and you feared for your life, that would be different.

Here in Va, there must be 3 things present to use deadly force:
Intent - That is the bad guy is there and is a threat.
Opportunity - This is you and/or your family.
Ability - What do they have to carry out out the threat?

One of the scenarios we played out was, we're asleep at night and awake to the sound of breaking glass. We go down stairs and there is a stranger in the house with nothing in his hands but fists. Would this be a good shoot?

Ans - No it wouldnt be. Now if the BG made a move towards a family member or a childs room, then yes it would be, as we have the responsibility to protect our family. If the BG had a gun or a knife and made a move towards us with it, then it would be a good shoot.

Hope this helps.
 
Proof from a 72 year old?

Well Jeff I do not know how you you can check on the info; and before you start to laugh at the Bouncer bit, this is Liverpool we are talking about, UK.

I worked at the Cavern Club of Beatle fame, 1960 till 1964, Thur/Fri/Sat. nights in those 4 years we could guarantee a fight on a Fri night at least, every week, most of these started as a group entertainment, ended up as more that two against one, we were the ones, I was stabbed in the back, being silly, dragging some one off the guy he was beating up, mistake, next to right kidney.

On my own on the door, same Friday night, not the same as the stab in the back, but a Friday night. Georgy Downs was down getting us two cups of tea, a well dressed young man collar and tie, wanted in, no chance.
I gave the standard answer, to late, I was back a bit inside the street entrance, on our step. He suddenly stepped in and threw what I thought was a straight left, till I saw his thumb forward, he was aiming for my sternum with a home made spike (made from a rat tailed file) I moved back, took it in the right wrist, kept moving back, held on to his wrist, swung his head in to the brick wall (the Cavern had like a stone passage to lead in to the stone steps in) when he fell I kicked him in the side of his face, broke his jaw, cheek bone, and took out 4 teeth.

The Jeep Patrol took him away, and the spike.

Lots of times fights would be a punch, dodge kicks, for instance, a Welsh Man, messing with his tie, his collar! I clipped him on the jaw, took a Commando knife off his hidden sheath, hanging down his back, under his shirt. A sucker punch, instinct, no more Mr. nice guy.

Lots of other scraps, but nothing memorial.

1965, till November, then moved to Australia, at the Blue Angel, on Seal Street, Liverpool 8.
Again left on my own, whilst Larry Newport (Ex SAS Wild Man, he died in 07, a shame) went down stairs for a chat "Just for a minute" my first Night here! A Thursday night, nothing ever happened on a Thursday!

You came in from the street, to keep out of the rain, rain in England you say!
this meant you had 6 or 8 people in the passage, who had to show their cards to the handicapped chap, Tony, sat on a chair, at a table, he knew every member! Had those canes that your forearms fitted in to.

I was having all kinds of trouble with the University kids, "Tony knows me"
me trying to get them to show their cards, "Mike, these two gentlemen are not members" said Tony, now you see the fault with the system, the two hard cases at the desk were 5 yards in to the club, half a dozen people behind them.

"You can't come in chaps, you are not members" said me! "We are all ready in La" said the short, but big! one. I took my glasses off, popped them on Tony's desk, my new friend, who also wore glasses, I remember them distinctly, heavy, thick lenses, said "Two can play at that game" he said.

He had them about two inches under his nose when my right handed punch smashed them into his face, bits stuck in his face, down he went,his buddy (I would have said his "Mate" then) stepped over him, fists up, he was just about 6'2" but thin, his error was looking down to not step on the flat out guy on the carpet.

My first left hand ripped his upper lip just about off, and I two handed him down the passage, the front door had got closed by some one, he ended up behind this steel door, and would not go down! A loud screaming voice in my ear was saying "His coat is hung on the hinge, he can not fall down" My arms were falling off by then, so I stopped hitting him, Larry arrived in time to throw the two of them into the street.

Total silence, the University kids are looking at me as if I was a Mad Man, white as a sheet, fists still up, looking for some one else to hit. Flecks of blood on the wall.
The next night busy Friday, these Kids all have their cards in their hands, and like a chorus "Hi Mick" "Hi Mick" That's about two minutes of an occurrence you know, that fight.

Three or 4 more in that club. a few in my Dads Pub, 1968 took on 4 young yobs my Wife got me into in an Indian Café' in St Helens, that's a long tail, last altercation was in Dayton Ohio, in 2004, we were at a Firearms Training annual seminar (Dave Spalding was there, just about cut his thumb off with a too sharp knife!) in stepping in to a elevator with my Lovely Wife Pauline, stepping with us, a Gent in a Suit, had a few drinks he had, on seeing Pauline he stated "I need a hug" and stepped towards my Wife, I arm barred him in to the back of the Lift, that must have hurt, it had one of those wooden shields all around, about a foot wide.

"Stay there, don't move" and we left, he might still be there! I was 68 YOA.

There is a brick with my name cut into it behind the door of the Cavern Pub on Matthew Street in the Pool.

That exercise brought back a whole bunch of memory's! Sorry if that is not enough Mr. White, by the way, in the Brit Military your nick name would have been, Chalky, Chalky White.

Past my bed time.

Good Night all.
 
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