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Old 10-18-2013, 12:29 PM   #31
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Read number 5
Lol, I failed so hard. How could I miss that
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Old 10-18-2013, 12:40 PM   #32
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Lol, I failed so hard. How could I miss that
If you have spent any time reading Florida Statute it's very easy to do. The punishment is always the last line. Well, they fooled us this time.
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Old 05-13-2014, 04:51 AM   #33
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I know this thread is really old, but I thought this was important to add. Florida's Castle Doctrine states that when someone enters your home without your consent you are PRESUMED to be in fear of your life. You don't have to prove or articulate why you were in fear of your life, you are automatically in fear of your life from the law's standpoint.

According to the Castle Doctrine law, they cannot say that because of your intoxication level you weren't able to determine if you were in fear of your life. You are presumed to be in fear of your life when someone enters your home without your consent regardless of your BAC.

When looking at the 790 Statutes, the answer would be yes. You can defend yourself/home with lethal force regardless of intoxication level in Florida.

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Old 05-13-2014, 01:47 PM   #34
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I know this thread is really old, but I thought this was important to add. Florida's Castle Doctrine states that when someone enters your home without your consent you are PRESUMED to be in fear of your life. You don't have to prove or articulate why you were in fear of your life, you are automatically in fear of your life from the law's standpoint.

According to the Castle Doctrine law, they cannot say that because of your intoxication level you weren't able to determine if you were in fear of your life. You are presumed to be in fear of your life when someone enters your home without your consent regardless of your BAC.

When looking at the 790 Statutes, the answer would be yes. You can defend yourself/home with lethal force regardless of intoxication level in Florida.
Interesting. Good to know. However, I still think there is more than a few DA's out there that would still try to prosecute you. Glad to know that their chances of that are slim.

*Oh and yes, when I saw this thread come back up I just thought "oh boy, this again"!!!*
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Old 05-13-2014, 03:05 PM   #35
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I think if you have had a few and know how to handle yourself you will be okay, However if you are drunk, you will have to anser more questions and there are to many procecuting attorneys looking to make a name for their self.

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Old 05-13-2014, 03:47 PM   #36
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old thread, redacted

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Old 05-13-2014, 05:19 PM   #37
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I know this thread is really old, but I thought this was important to add. Florida's Castle Doctrine states that when someone enters your home without your consent you are PRESUMED to be in fear of your life. You don't have to prove or articulate why you were in fear of your life, you are automatically in fear of your life from the law's standpoint.

According to the Castle Doctrine law, they cannot say that because of your intoxication level you weren't able to determine if you were in fear of your life. You are presumed to be in fear of your life when someone enters your home without your consent regardless of your BAC.

When looking at the 790 Statutes, the answer would be yes. You can defend yourself/home with lethal force regardless of intoxication level in Florida.
while this is true it will boil down to was it a drunken argument that turned into "self defense" or was it an actual case of defense??

castle doctrine in florida and wisconsin are identical since wisconsin copied florida. it does not mean your in fear of life it only says the presumption is such. the police cannot assume it was murder they have to start from a presumption of defense unless there is evidence otherwise. it is NOT a license to kill anyone in your home.

in other words you cannot claim self defense by shooting someone and dragging them inside to die. or telling some guy "hey come in here" then popping him" and saying he wasnt invited. or coming home to your wife humping the milkman and killing him then claim castle defense.

castle doctrine merely shifts the presumption of homicide to one of self defense. so instead of YOU having to prove it was defense the police have to prove it was NOT defense. its a simple subtle distinction in line with the presumption of innocence until proven guilty. it doesnt mean there wont be an investigation and it doesnt mean you wont be arrested or detained
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Old 05-13-2014, 07:06 PM   #38
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while this is true it will boil down to was it a drunken argument that turned into "self defense" or was it an actual case of defense??

castle doctrine in florida and wisconsin are identical since wisconsin copied florida. it does not mean your in fear of life it only says the presumption is such. the police cannot assume it was murder they have to start from a presumption of defense unless there is evidence otherwise. it is NOT a license to kill anyone in your home.

in other words you cannot claim self defense by shooting someone and dragging them inside to die. or telling some guy "hey come in here" then popping him" and saying he wasnt invited. or coming home to your wife humping the milkman and killing him then claim castle defense.

castle doctrine merely shifts the presumption of homicide to one of self defense. so instead of YOU having to prove it was defense the police have to prove it was NOT defense. its a simple subtle distinction in line with the presumption of innocence until proven guilty. it doesnt mean there wont be an investigation and it doesnt mean you wont be arrested or detained
in Texas, it's pretty close to the same as Florida and Wisconsin in regards to the Castle Law.

anyone who thinks they use deadly force in their home and claims it's self defence and think they are not going to investigate the shooting is either foolish or naive.

now as long as the evidence supports the statements and the events that took place, a person should be alright. the problems start arising when the evidence and the facts aren't lining up with what is being told to LE.

and dragging the body inside? that's just wrong on several accounts. first being, it raises questions, because they can tell a body was moved, such as why would somebody move the body. raises suspicions about the events. second thing is, it's called tampering with evidence. that in itself is a criminal act.

that was why GZ was not arrested and was never charged by the police. the evidence supported what he told LE in his statements.
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Old 05-13-2014, 07:17 PM   #39
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in Texas, it's pretty close to the same as Florida and Wisconsin in regards to the Castle Law.

anyone who thinks they use deadly force in their home and claims it's self defence and think they are not going to investigate the shooting is either foolish or naive.

now as long as the evidence supports the statements and the events that took place, a person should be alright. the problems start arising when the evidence and the facts aren't lining up with what is being told to LE.

and dragging the body inside? that's just wrong on several accounts. first being, it raises questions, because they can tell a body was moved, such as why would somebody move the body. raises suspicions about the events. second thing is, it's called tampering with evidence. that in itself is a criminal act.

that was why GZ was not arrested and was never charged by the police. the evidence supported what he told LE in his statements.
In Mo. Stand your ground can be on your property and not just in your house, I would think Texas is the same way.
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Old 05-13-2014, 07:19 PM   #40
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In Mo. Stand your ground can be on your property and not just in your house, I would think Texas is the same way.
the Castle Law in Texas covers your home, your property, your vehicle adn even your workplace.
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