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Legal Considerations Of Self-Defense In A Riot

Talyn

SAINT
Founding Member

Surviving a lethal-force encounter in a riot is only the first step. The next, ensuring you don't get hung out to dry by the legal system.

Legal Considerations Of Self-Defense In A Riot

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I think the reason we don't see many articles like this is because it is nearly impossible to give accurate legal advice on the subject. Progressive District Attorneys in many parts of the country are simply ignoring codified laws regarding self-defense and defense of property. At best, attorneys can tell clients what the law says, and what those laws have been held to mean in the past.

Knowing how a law has traditionally been interpreted is what allows lawyers to offer legal advice. Now that District and County Attorneys in major cities are just making the rules up as they go, what type of self-defense is legal during a riot is anybody's guess. While the advice in this article is legally sound, I would not be willing to guarantee that following it would keep a shooter from being prosecuted in many parts of the country.
 
I would not be willing to guarantee that following it would keep a shooter from being prosecuted in many parts of the country.

I think based on recent events (the last 10 yrs) it pretty easy to figure out if you're a normal law-abiding citizen you're on the hot-seat for prosecution if you live in a major Demo-run city and state even if you do everything legal to defend yourself.

My .02
 
A clear understanding of the laws pertaining to self defense and justifiable use of force where you are is critical. When we do a concealed weapons license class, we spend half the course on the law. I get a lot of "I didn't know thats" in my classes.

The laws can vary greatly from one state to another, and as mentioned some overzealous law enforcement and prosecutors can push the envelope. Here in Florida, the laws governing use of force are pretty clear, and the legislature continues to tweak the law to make it harder for prosecutors to bring charges against citizens who are defending themselves. Defense of self or others from death or great bodily harm, and stopping a forcible felony give justification for the use of deadly force. Defense of property alone would rarely provide justification for use of deadly force. We have stand your ground, and recent changes in the law regarding mob actions would bring some actions into the realm of forcible felonies. The best advice pertaining to mobs is stay the hell away if you have a choice, but be prepared and knowledgeable of the law in the event you find yourself in the middle of a riot.
 
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