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Being 14 Doesn’t Matter in Self-Defense Law

#law #lawyer #news #trending #shorts #selfdefense #Crime

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@bobxoneill says:

This message has a very VERY narrow application and despite what you just heard this person say you could still end up in jail or paying Guliani-level civil fines.

He wants you to get his book, where I hope he spells out the actual details but let’s do it here to avoid needless bloodshed.

First, I will address his final comment about how teens kill with frequency in certain urban centers like Chicago LA or Detroit.

No surprise and those stories are often on our local news. But this story is really about gangs and drug violence. It is much more rare for a group of bangers to seek out the home of a random person and break in. Can this happen? Yes but these odds, like flying safety vs crashing, favor the passenger or home owner. The crime stats in your city might determine how you decide to spend time and effort to train properly in how to respond to deadly force.

Next describing a breakin as violent just because it was a breakin is irresponsible because it sets people up to start think the wrong way about DISTINCTION. If I walk into your unlocked home uninvited, I am a stranger and I look homeless, I take food and sit on your couch and eat, do you shoot me or call the cops and wait outside keeping your family safe? If you chose shoot me you may get lucky but the headaches of administrative b.s. for the next 10 years will be tiring and it may break up your marriage (your wife thought your judgement was sub par but now you have just ruined the whole family’s life goals so you could prove you were a “man”).

This is what I mean about distinction. You saw a dude on YT spout off about violent teens; his real message was that he wanted you to get his book and he used a juicy (and fearful) hook to lure folks into his video.

Here is a less obvious, scenario: A 14 year male breaks into home by opening an unlocked sliding door and they are carrying a black pistol-type weapon. You are prepared and face him with the weapon pointed at him but his weapon is pointed at the floor because he is standing in a room, not moving yet, and observing his surroundings. You tell him not to move but he starts to pee his pants while trying to get out the door he just came in. You start shooting and the kid dies. Later it is determined that his weapon was an airsoft pistol colored to hide all orange.

Is the home owner in trouble? The answer is complex, varies by state and also by the details of the crime. 27 states have stand your ground laws (but even those aren’t clear licenses to kill); some of those States also have Castle Doctrine laws that define a home as defendable but again you must know you own state laws really well before you pull a trigger.

My state’s language says I can defend with deadly force if, “…an intruder is committing a felony or enters the home in a "violent, riotous or tumultuous manner."

If you are in my state, You can bet the kid’s lawyer is going to argue that opening a sliding door was not “violent, riotous or tumultuous” and that his lawyer will hammer our side on how exactly we determined a felony was being committed.

In this scenario, if I avoid prison, I am almost surely going to be bankrupted by the civil lawsuit the parents file after the criminal one fails.

Even more complex states can offer a mix of Stand Your Ground AND Castle Doctrine laws and the home owner….oh yea, these laws don’t apply when you are driving and attacked in your car so you have even less legal protection.

Bottom line: unless you live outside of the next Jan 6th type riot, you are in more trouble for pulling the trigger than you would have been for playing it smart. The goal is to come out of the event WHOLE (financially, alive and with no trouble following you). Only someone set on bragging how he is a red-blooded whatever is going to shoot first, deal with court, put his family through hell, pay civil penalties (all the while complaining how the kid caused all the trouble).

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