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FLORIDA'S CASTLE DOCTRINE. ONE REASON I LOVE LIVING IN FLA.

SL66

Professional
Any thoughts? Good, Bad. Or ugly ? While I do think the shooter in Houston murdered the kid that "Ding dong ditched" his home (called it something different when i was a kid). I believe this allows a little room for the punks that are kicking front doors off the hinges. Also applies to your automobile and lodging, motel etc...


Florida's "castle doctrine" is an extension of the common law principle that allows people to use reasonable force, including deadly force, to defend themselves against intruders in their homes. In 2005, Florida expanded the doctrine with "stand your ground" language, removing the duty to retreat in any place where someone is legally present. Here's what to know about Florida's castle doctrine:

  • Defense
    It allows the use of deadly force to defend against an intruder who is likely to cause great bodily harm.

  • Application
    It applies to dwellings, residences, and occupied vehicles.

  • Presumption
    There's a presumption that someone entering a dwelling, residence, or occupied vehicle intends to commit a violent crime.

  • Reasonable belief
    To claim the defense, a person must have a reasonable belief of impending death or great bodily harm.

  • Burden of proof
    The defendant must prove by a preponderance of the evidence that they acted in self-defense.
 
Any thoughts? Good, Bad. Or ugly ? While I do think the shooter in Houston murdered the kid that "Ding dong ditched" his home (called it something different when i was a kid). I believe this allows a little room for the punks that are kicking front doors off the hinges. Also applies to your automobile and lodging, motel etc...


Florida's "castle doctrine" is an extension of the common law principle that allows people to use reasonable force, including deadly force, to defend themselves against intruders in their homes. In 2005, Florida expanded the doctrine with "stand your ground" language, removing the duty to retreat in any place where someone is legally present. Here's what to know about Florida's castle doctrine:

  • Defense
    It allows the use of deadly force to defend against an intruder who is likely to cause great bodily harm.

  • Application
    It applies to dwellings, residences, and occupied vehicles.

  • Presumption
    There's a presumption that someone entering a dwelling, residence, or occupied vehicle intends to commit a violent crime.

  • Reasonable belief
    To claim the defense, a person must have a reasonable belief of impending death or great bodily harm.

  • Burden of proof
    The defendant must prove by a preponderance of the evidence that they acted in self-defense.
I'm all for it. I wish it was adopted and enacted into law by the feds nationwide.
 
Pranks when I was growing up. Not say I did them, but this was the usual
- dog poop in a lunch sack brown bag.. light it on fire and ring bell. Owner would stomp on flaming poo to put it out
- snag the “ home for sale” realtor signs from yards and put every one of them in one yard of a house for sale. Need a friend with truck.
- toilet paper the trees with about 10 people and 30 rolls of tissue. Looked like snow
- apply axle grease to every outside door knob you could get to at the rivalry High School.
- if it snowed, build a giant snowman “male manhood” at the rivalry HS front lawn
-find the school ISD superintendent house at the end of the year and get anyone and everyone to stack your schoolbooks on their front yard. It could get to the thousands if you could be quiet enough.. lots of kids got involved

There are many more…
None required being shot at in the ‘80s 🙂
 
Pranks when I was growing up. Not say I did them, but this was the usual
- dog poop in a lunch sack brown bag.. light it on fire and ring bell. Owner would stomp on flaming poo to put it out
- snag the “ home for sale” realtor signs from yards and put every one of them in one yard of a house for sale. Need a friend with truck.
- toilet paper the trees with about 10 people and 30 rolls of tissue. Looked like snow
- apply axle grease to every outside door knob you could get to at the rivalry High School.
- if it snowed, build a giant snowman “male manhood” at the rivalry HS front lawn
-find the school ISD superintendent house at the end of the year and get anyone and everyone to stack your schoolbooks on their front yard. It could get to the thousands if you could be quiet enough.. lots of kids got involved

There are many more…
None required being shot at in the ‘80s 🙂
😂 same in late 80 early 90’s
 
Pranks when I was growing up. Not say I did them, but this was the usual
- dog poop in a lunch sack brown bag.. light it on fire and ring bell. Owner would stomp on flaming poo to put it out
- snag the “ home for sale” realtor signs from yards and put every one of them in one yard of a house for sale. Need a friend with truck.
- toilet paper the trees with about 10 people and 30 rolls of tissue. Looked like snow
- apply axle grease to every outside door knob you could get to at the rivalry High School.
- if it snowed, build a giant snowman “male manhood” at the rivalry HS front lawn
-find the school ISD superintendent house at the end of the year and get anyone and everyone to stack your schoolbooks on their front yard. It could get to the thousands if you could be quiet enough.. lots of kids got involved

There are many more…
None required being shot at in the ‘80s 🙂
The 80's, and before, and a bit after was a different time. The 1968 "DNC" Chicago Riots happened in ONE city compared to the Summer of mostly peaceful demonstrations of late. I'm not saying that the little brat should have been shot, but at least for now I lean to defense of the homeowner.
 
In nj you basically have to prove you were balled up in the fetal position in a room with no other means of egress except the door that the heavily armed and rabid thug was blocking before you were able to defend yourself with lethal force. On top of that you are required to politey asked the thug to move so you can make a sandwich for them and show them where your valuables are. If they don’t comply then, and only then, can you use deadly force with a gub’mint approved firearm.
 
I’ll offer this …. I’m seeing a number of SYG cases (disclaimer: haven’t handled any such cases since our law in Alabama changed a few years ago), and they never seem to involve a home invasion-type scenario.

SYG is just a fancy politically correct term for self-defense.

As a lawyer, you have to not only fully understand and have a complete mastery of the facts, but also contemplate the pre-trial and pre- grand jury ramifications for asserting any self defense theory of defense for your client.

SYG hasn’t made it any easier for the citizen accused when he’s being prosecuted by his peers. You better be ready with your own expert who has experience with shooting scenes and can help recreate one that fits your theory of defense or you’re likely hanging your hopes on a jury to “get it right.”

This Texas case …. from what I’ve gotten out of the media reports sounds like the shooter was acting outside any SYG theory I can come up with.
 
I’ll offer this …. I’m seeing a number of SYG cases (disclaimer: haven’t handled any such cases since our law in Alabama changed a few years ago), and they never seem to involve a home invasion-type scenario.

SYG is just a fancy politically correct term for self-defense.

As a lawyer, you have to not only fully understand and have a complete mastery of the facts, but also contemplate the pre-trial and pre- grand jury ramifications for asserting any self defense theory of defense for your client.

SYG hasn’t made it any easier for the citizen accused when he’s being prosecuted by his peers. You better be ready with your own expert who has experience with shooting scenes and can help recreate one that fits your theory of defense or you’re likely hanging your hopes on a jury to “get it right.”

This Texas case …. from what I’ve gotten out of the media reports sounds like the shooter was acting outside any SYG theory I can come up with.

What I see is a lot of folks mistake the castle doctrine for a licence to do whatever the heck hih want and while you have more protections uiu still have to make the case your actions were reasonable.

While Texas has maybe the most relaxed laws in self defense in certain ways (I mean it’s like the only state hih can use deadly force over property) as the case in this thread you can’t go gun smoking someone for knocking on your door that whole time”Girl Scout case”

There is a huge difference between someone knocking on your door and attempting forced entry!

And with the amount of folks commenting Meeko I would just X,y and Z and then some increased cases of folks (most probably not criminal intentions) getting smoked in a driveway from being lost or simply a wrong address ona. Door dash order thwre seems to be a rash of folks that should maybe learn some crisis management techniques as they don’t have zilch!

But everyone can do whatever they think their career and bank account can handle, they will have to figure it out in their own!
 
What I see is a lot of folks mistake the castle doctrine for a licence to do whatever the heck hih want and while you have more protections uiu still have to make the case your actions were reasonable.

While Texas has maybe the most relaxed laws in self defense in certain ways (I mean it’s like the only state hih can use deadly force over property) as the case in this thread you can’t go gun smoking someone for knocking on your door that whole time”Girl Scout case”

There is a huge difference between someone knocking on your door and attempting forced entry!

And with the amount of folks commenting Meeko I would just X,y and Z and then some increased cases of folks (most probably not criminal intentions) getting smoked in a driveway from being lost or simply a wrong address ona. Door dash order thwre seems to be a rash of folks that should maybe learn some crisis management techniques as they don’t have zilch!

But everyone can do whatever they think their career and bank account can handle, they will have to figure it out in their own!
Bingo.
 
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