What happens when your state doesn't have 'stand your ground' law

Discussion in 'Off-topic' started by RedDawnTheMusical, Jul 6, 2018.

  1. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    http://www.foxnews.com/us/2018/07/0...-18-months-in-jail-for-stabbing-attacker.html
    Essentially, three juveniles attack a 21 year old Connecticut Dunkin Donuts worker, the fight sprawls out into the parking lot, where the worker stabs one of the juveniles and they flee.
    The story implies that there was an opportunity to retreat, so the judge convicted the defendant of felony first-degree assault.

    Obviously the whole thing seems ridiculous so I looked for other media coverage to see if there were other sides to the story and found this:
    https://www.ammoland.com/2018/07/self-defense-claim-lost-when-defender-becomes-aggressor/
    In the above article, the author claims that the fight had ended inside the store and the attackers left, were then pursued by the defendant in the parking lot, where one of them was stabbed.
    The article (written by Attorney Andrew F. Branca, Law of Self Defense LLC) didn't mention the judge's comments or site the specific media source for the separation of the altercations.
    That is true.
     
  2. moe mensale

    moe mensale Well-Known Member

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    Unfortunately for the defendant, I agree.

     

  3. UtiPossidetis

    UtiPossidetis American

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    Even if he had been in a Stand Your Ground state and he followed them after they disengaged he would be guilty. Stand your ground means you have no duty to retreat if engaged, but it does not authorize you to pursue attackers if they flee.
     
  4. Wegahe

    Wegahe NRA Instructor

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    To sum up...
    Shoot them in the eye on their way in and not on their way out.
     
  5. OWM

    OWM Well-Known Member

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    Or wait till another time and place of your choosing and handle it in a discreet and proper way relative to your mindset.
     
  6. UtiPossidetis

    UtiPossidetis American

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    Tactical retreat......
     
  7. NTA

    NTA Well-Known Member

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    You must apologise, then quickly retreat.
     
  8. Adam5

    Adam5 Atlanta Overwatch

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    They ceased the attack and retreated. He pursued them, and attacked them in the parking lot. Stand your ground would not come into play, even if NJ had it. He was the aggressor, and was charged as such.
     
  9. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    agreed.

    Stand Your Ground would not apply.

    However, a state without a SYG law and which imposes a duty to consider a retreat / surrender is a state where cops, prosecutors, judges, and jurors can (and will) take note of the political climate towards armed citizens fighting back, and they'll know that their state's policy frowns on that.

    They can read the writing on the wall.
     
  10. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    As The Equalizer did to the thug that robbed his store and employees?

     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Is there a citizen's arrest in CT?
     
  12. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    Yes. According to a couple of different websites I checked, all states have some form of citizens arrest. Of course, these guys don’t look like the kind that would hang around for that. Maybe the defendant makes the claim he stabbed one of them in an attempt to detain them? Not sure if he’s get away with that either.