Road Justice

Discussion in 'Off-topic' started by Nemo, Feb 3, 2017.

  1. Nemo

    Nemo Man of Myth and Legend

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  2. johnski

    johnski Well-Known Member

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    Question: if someone is pummeling you through your car window and you are armed, can you respond with lethal force? I would think only if they had a weapon of some sort.
     

  3. moe mensale

    moe mensale Well-Known Member

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    Interesting. No mention if Aponte actually had a gun. Hope the pickup didn't get scratched. :lol:
     
  4. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Tactically, that sounds like the wrong response.

    If someone threatens you and your family, you do your best to escort them from the danger not make yourself and them immobile and helpless.
     
    Last edited: Feb 4, 2017
  5. moe mensale

    moe mensale Well-Known Member

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    Don't you consider that fist beating on you a weapon? Fractured facial bones, blunt trauma to the brain, eye/optic nerve damage, spinal cord damage and the potential of death.
     
  6. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Likely not, unless you can articulate a reasonable belief that his fists are going to cause you or an innocent third party's death or great bodily harm. -16-3-21
     
  7. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Last edited: Feb 4, 2017
  8. Nemo

    Nemo Man of Myth and Legend

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    Moral of the story, don't fk with the guy in the tk.

    Nemo
     
  9. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    I wonder who's insurance is going to pay for the vehicles, considering it wasn't really an 'accident' that the 150 backed up and into the Camry.
     
  10. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    [​IMG]

    Follow-up story - Charges:
    810.02-3D Violation Description: BURGLARY-OCCUPIED CONVEYANCE UNARMED
    784.03-1A1 Violation Description: BATTERY-TOUCH OR STRIKE
    322.34-2 Violation Description: MOVING TRAFFIC VIOL-KNOWINGLY DRIVE WHILE LIC SUSPENDED REVOKED
    806.13-1B1 Violation Description: DAMAGE PROP-CRIM MISCH-200 DOLS AND UNDER
    Bond Amount: $5,000.00 +$1,000.00 $1,000.00+ $500.00


    I can understand all the traffic violation charges, but "burglary of an occupied conveyance" leaves me scratching my head unless Aponte is accused of taking something out of the pickup.
     
    Last edited: Feb 4, 2017
  11. awanatech

    awanatech Well-Known Member

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    If I understand FL law correctly, burglary does not require that you take or intend to take. Just entering the habitation/ conveyance would constitute burglary. Section 1 (b) below

    Online Sunshine Logo
    Official Internet Site of the Florida Legislature
    February 4, 2017

    The 2016 Florida Statutes


    Title XLVI
    CRIMES
    Chapter 810
    BURGLARY AND TRESPASS
    View Entire Chapter
    810.02 Burglary.—
    (1)(a) For offenses committed on or before July 1, 2001, “burglary†means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.
    (b) For offenses committed after July 1, 2001, “burglary†means:
    1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
    2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
    a. Surreptitiously, with the intent to commit an offense therein;
    b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
    c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.
    (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:
    (a) Makes an assault or battery upon any person; or
    (b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
    (c) Enters an occupied or unoccupied dwelling or structure, and:
    1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or
    2. Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.
    (3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
    (a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains;
    (b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;
    (c) Structure, and there is another person in the structure at the time the offender enters or remains;
    (d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains;
    (e) Authorized emergency vehicle, as defined in s. 316.003; or
    (f) Structure or conveyance when the offense intended to be committed therein is theft of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for burglary with the intent to commit theft of a controlled substance under this paragraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.
    However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency†means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
    (4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
    (a) Structure, and there is not another person in the structure at the time the offender enters or remains; or
    (b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.
    However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency†means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
    History.—RS 2434; s. 2, ch. 4405, 1895; s. 2, ch. 5411, 1905; GS 3282; RGS 5116; CGL 7217; s. 799, ch. 71-136; s. 31, ch. 74-383; s. 21, ch. 75-298; s. 2, ch. 82-87; s. 1, ch. 83-63; s. 8, ch. 95-184; s. 2, ch. 96-260; s. 2, ch. 2000-233; s. 2, ch. 2001-58; s. 2, ch. 2003-84; s. 1, ch. 2007-115; s. 21, ch. 2011-141; s. 40, ch. 2016-105; s. 28, ch. 2016-145.
    Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us
     
  12. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    If he was charged with a violation of Section 1 (b), I'd agree with you. But he was charged with a violation of 810.02-3D
     
  13. awanatech

    awanatech Well-Known Member

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    Got it. I did not notice that.
     
  14. johnski

    johnski Well-Known Member

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    They probably found stolen items in his car?
     
  15. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Possibly, but how do they get sub-paragraph (d) without a 'possession of stolen property charge"?