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Florida sheriff defends homeowner who shot at burglar: 'We prefer that you do, actually'


LumRaiderFan

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42 minutes ago, tvc184 said:

Some of the rest replies on Facebook are hilarious and most of them have to be from someone upset about Elon Musk. 

I've laughed so much at some of the comments.  

 

I do have a question - I keep seeing a lot of people "Is the county going to pay for my legal fees if I do shoot them?"  I'm not sure I understand.  If someone is breaking into my home, I shoot them - Why would I need an attorney?  or would I need one at all? 

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Just now, Bobcat1 said:

I've laughed so much at some of the comments.  

 

I do have a question - I keep seeing a lot of people "Is the county going to pay for my legal fees if I do shoot them?"  I'm not sure I understand.  If someone is breaking into my home, I shoot them - Why would I need an attorney?  or would I need one at all? 

Asking if the county is going to pay your legal fees makes me wonder….

The county is the one prosecuting, they sure are going to pay your legal fees.

As far as the attorney thing, it depends on your opinion. it would always be beneficial to have an attorney present when you talk to the police after you shoot someone. I say if you talk to the police because if you don’t talk, and you absolutely have the right to remain silent, you are likely going to jail and/or prison.

The law says if you intentionally shoot someone, it is murder. So the police come to your house and there’s a dead guy in your living room. The law says that is murder. Chapter 9 of the Penal Code however says that they are justification for doing so. In my opinion it is going to be hard to claim a justification of self defense  without claiming the justification which means you have to give some kind of statement.

The state does not have to negate self-defense unless you bring up evidence at a trial.

As far as the claim of thousands of dollars, I doubt that unless it goes to trial. In my career I have been to a few self-defense shootings and the ones I can think of off the top of my head, the shooter did not go to jail. To my knowledge the shooter did not hire an attorney and the district attorney presented a case to a grand jury who returned a No Bill. With no indictment, the case was closed.

A lot probably depends on the circumstances and maybe the county.A lot probably depends on the circumstances and maybe the county. If a guy kicks in your door at 2 AM, especially if you don’t know who it is, it is likely the case will go no further. The police will investigate and the DA will look into it but I would have a hard time believing any charges would be brought. If you are arguing with your neighbor in the front yard and for some reason it goes to a deadly for situation, you might be completely justified but it might be a little more complicated without a lot of witnesses and without a clear-cut reasoning for deadly force.  

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10 minutes ago, LumRaiderFan said:

Who knew that a bullet can go through TWO layers of drywall?

😁

That reminds me of a case of a drive by shooting I worked. My best friend of the Police Department actually rolled up as shots were being fired. He was actually about three blocks away and saw the smoke in the air and then saw the car speeding away.

They were a various rounds fired but one of the weapons was a .45 pistol carrying ball ammo. One round went through the asbestos siding, the 1” 4” wooden wall underneath, the drywall/sheet rock after that, two layers of drywall going into the hall, two layers of drywall into a bedroom and came to rest in a wooden headboard.

So the round end up going through the siding on the house, a 1”x4”, five sheets of drywall and embedded into a probably oak headboard on a bed.

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