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Can You Shoot Someone Who Has No Weapon In Self-Defense?

Homicide Victim Statistics (Weapons Used)

According to expanded FBI homicide data reports, firearms are consistently the leading weapon used in criminal homicides, followed by knives and personal weapons:
  • Firearms: Account for roughly 73% to 75% of all reported murders (with handguns making up the vast majority of stated firearm types).
  • Knives or cutting instruments: Represent around 10% to 11% of homicides.
  • Personal weapons: Hands, fists, and feet account for roughly 4% to 5% of deaths.
  • Other methods: Include blunt objects (clubs/hammers), asphyxiation, strangulation, fire, and narcotics.

    2023 Table 6


    2015-2019

    ucr.fbi.gov

    Expanded Homicide Data Table 8

    ucr.fbi.gov












 
In Florida, the law is clear. Deadly force is justified if a reasonable person would believe they are in fear of imminent death or grievous bodily harm to yourself or others, or to stop the imminent commission of a forcible felony. Whether the person shot was armed may or may not be a deciding factor. The key factor is fear of imminent death or grievous bodily harm. In a prima facie case of self defense, LE can investigate but may not make an arrest at the scene. A person charged for use of force can assert immunity from prosecution and is entitled to an immunity hearing before a judge.
 
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bc22wm said:
"Can You Shoot Someone Who Has No Weapon In Self-Defense?" YES. The real question is how much trouble you're going to get into.
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and this is why i am an adv ocate of public (and even private) cameras.

if you are innocent in using deadly force, the cameras should have been able to back up your claim(s).

if you are guilty, then bye-bye.

at my age as well as some of you here, i cannot even "allow" one punch......that "one punch" many times is enough to snuff out a life.
 
PAGunGuy said:
That chick in Florida got off for murdering the veteran over a parking spot and he didn't have a weapon
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Yes, but he kept advancing on her and running his mouth, even when he clearly saw she had a firearm in her hand. Had he dropped it and kept his ego in check, he would still be alive today and we wouldn't be talking about it in this context. I don't care how angry I may be in a situation, if someone draws a weapon I will not be advancing on them and talking smack. I will not be constantly going after them. I will back away while keeping them in my sight until I can safely walk away. IF they come after me, even after I have retreated and deescalated, then I will defend myself. Had he done that, and she shot him anyway, then that would have been different. She was wrong for going back to her vehicle and retrieving that firearm to begin with. She should have just blown off the situation, even with the feeling that her vehicle would be vandalized. Her getting that handgun out and displaying that firearm during that confrontation that she escalated should have gone against her. However, due to the whole political situation, and the actions of the person who was shot, the DA did not have enough to move forward with the prosecution. Both parties were wrong in this, and it sucks how it turned out. But, it is what it is.
 
Onewolf426 said:
Yes, but he kept advancing on her and running his mouth, even when he clearly saw she had a firearm in her hand. Had he dropped it and kept his ego in check, he would still be alive today and we wouldn't be talking about it in this context. I don't care how angry I may be in a situation, if someone draws a weapon I will not be advancing on them and talking smack. I will not be constantly going after them. I will back away while keeping them in my sight until I can safely walk away. IF they come after me, even after I have retreated and deescalated, then I will defend myself. Had he done that, and she shot him anyway, then that would have been different. She was wrong for going back to her vehicle and retrieving that firearm to begin with. She should have just blown off the situation, even with the feeling that her vehicle would be vandalized. Her getting that handgun out and displaying that firearm during that confrontation that she escalated should have gone against her. However, due to the whole political situation, and the actions of the person who was shot, the DA did not have enough to move forward with the prosecution. Both parties were wrong in this, and it sucks how it turned out. But, it is what it is.
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she claims self defense and in a prima facie case does not have to prove she was in fear of death or grievous bodily harm. The burden of proof is on the prosecutor to prove she WAS NOT reasonably in fear of death or grievous bodily harm. No jury in Florida would convict therefore no ethical prosecutor would prosecute. The state attorney did not take the case to a grand jury and no charges were brought. I am not saying she SHOULD have fired, only what the law provides. Almost all of these cases are messy and raise questions. The decedent brought this on himself by his aggressive and threatening behavior.
 
HayesGreener said:
In Florida, the law is clear. Deadly force is justified if a reasonable person would believe they are in fear of imminent death or grievous bodily harm to yourself or others, or to stop the imminent commission of a forcible felony. Whether the person shot was armed may or may not be a deciding factor. The key factor is fear of imminent death or grievous bodily harm. In a prima facie case of self defense, LE can investigate but may not make an arrest at the scene. A person charged for use of force can assert immunity from prosecution and is entitled to an immunity hearing before a judge.
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Same in Alabama
 
I understand law. I also understand fear of serious harm or death.

In this case, I don't think it was reasonable to think she was in threat of serious harm or death since she was armed and he wasn't. REASONABLE being the key word here.

If there was more than one person, if he had ANY kind of weapon, knife, tire iron, baseball bat, etc...then I would change my mind.

But that's just my opinion.
 
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