if someone is beating you up and you have a gun,do you have a right to shoot them?

[chibomber]

This is a boxing website but no one knows how to handle defeat?

If the guy is stomping your head in and **** then yea, but not even worth killing, just shooting a person would suffice. But if we are both fist fighting and I lose **** it, I lost end of story, walk away.

[OG Ballhog]

[/B]


Not necessarily. . . Like Pepe said, different states have different statutes; the language of some of the "stand your ground" statutes are nebulous enough to where the "attacker/victim" roles could switch during the fight.

EX: Lets say you come up to somebody, and swing on them. . . You hit them, and then they hit you back and knock you down. . . At this point, no, you couldn't shoot them. . . However, lets say they then proceed to reign down boots, fists, and elbows upon dat ass as you are down. . Or, in this case, you mount the person and proceed to smash their head in the ground over, and over, and over again. . . It would very well be possible for the initial aggressor to be acting in self defense by shooting the guy.

when you start the initial confrontation...... it's hard to claim self defense.

the claim of self defense can help get you a better deal. say manslaughter instead of murder.

but it is still hard to claim self defense. you can but it's still hard to prove it and you take the chance the jury doesn't believe you and you get the full charge. that's why in those case people usually take a plea bargain to a lesser charge.


there are even cases when you don't start the confrontation and you still can't claim self defense.

gang members for instance. since being a gang member , part of the confrontation is also your fault even if the other person started it.

[Boxingtech718v2]

If you fall to the ground you can claim that you were scared for you life and shoot, only in Sanford, FL though.
Unless there is a huge disparity in size, it's cowardly to bring a gun into a fist fight.

[dj Calleti]

If you fall to the ground you can claim that you were scared for you life and shoot, only in Sanford, FL though.
Unless there is a huge disparity in size, it's cowardly to bring a gun into a fist fight.

Seriously?


I've seen this on WorldStarHipHop plenty of times, usually what happens is the guy on the floor gets stomped on by the guy standing. Have you never heard of being "beaten to death" before?

If I have a right to carry and use a gun, why shouldn't I? This isn't a boxing match where we will fight with our fists and hug each other afterwards. This is you or me, and trust me, it's going to be me. I don't know if you have a knife and if you're going to stab me if I start beating you.

[UglyPug]

when you start the initial confrontation...... it's hard to claim self defense.

the claim of self defense can help get you a better deal. say manslaughter instead of murder.

but it is still hard to claim self defense. you can but it's still hard to prove it and you take the chance the jury doesn't believe you and you get the full charge. that's why in those case people usually take a plea bargain to a lesser charge.


there are even cases when you don't start the confrontation and you still can't claim self defense.

gang members for instance. since being a gang member , part of the confrontation is also your fault even if the other person started it.

Yes, it's certainly a lot harder to prove self-defense if you started the fight. . . But it's still very much possible to be acquitted outright on self defense. It would be difficult, though because self defense is an affirmative defense. The burden is on the defendant to prove that elements of whatever the applicable self defense statute is in the state. . .

You are right, though, more than likely the prosecutor would offer a pretty good deal if they knew there was witnesses testifying that even though defendant started the fight, he was literally in a position to be stomped to death. . .

[UglyPug]

This is a boxing website but no one knows how to handle defeat?

If the guy is stomping your head in and **** then yea, but not even worth killing, just shooting a person would suffice. But if we are both fist fighting and I lose **** it, I lost end of story, walk away.

I agree. . . To me an ass whipping is just an ass whipping. . . I've been on the giving, and receiving end in my life. . . I'm just speaking from a purely legal perspective, though. . .

[OG Ballhog]

Yes, it's certainly a lot harder to prove self-defense if you started the fight. . . But it's still very much possible to be acquitted outright on self defense. It would be difficult, though because self defense is an affirmative defense. The burden is on the defendant to prove that elements of whatever the applicable self defense statute is in the state. . .

You are right, though, more than likely the prosecutor would offer a pretty good deal if they knew there was witnesses testifying that even though defendant started the fight, he was literally in a position to be stomped to death. . .

trust me. people take the deal.

when they offer you a deal where you might do 3-4 years if you take the plea bargain BUT if you go to trial you face life sentence.....

people take the 3-4 years. no matter how great the case for self defense is.

you just don't want to take the chance.

[UglyPug]

trust me. people take the deal.

when they offer you a deal where you might do 3-4 years if you take the plea bargain BUT if you go to trial you face life sentence.....

people take the 3-4 years. no matter how great the case for self defense is.

you just don't want to take the chance.

Oh yeah, no doubt! If I ever get a case like that, I'd DEFINITELY advise a client in that situation to take the deal. . . But technically they would have a shot at getting off. . .

[OG Ballhog]

Oh yeah, no doubt! If I ever get a case like that, I'd DEFINITELY advise a client in that situation to take the deal. . . But technically they would have a shot at getting off. . .

my homeboy went through a case like that.

he was smoking outside a pool hall and 2 carloads of guys drove up with bats and clubs and stuff to try to beat him up.

he shot 2 of them.

he ended up pleading to manslaughter even though it was clearly self defense.

this was like '93-'94. he got out 2000. so even though it was self defense , he still did 6-7.

[Sweet Pea 50]

trust me. people take the deal.

when they offer you a deal where you might do 3-4 years if you take the plea bargain BUT if you go to trial you face life sentence.....

people take the 3-4 years. no matter how great the case for self defense is.

you just don't want to take the chance.

That's the thing.

You are looking at 5-7 felony charges added on to the top count, most of the time.

If you you don't have a mouth piece, and rely on a dump truck of a public defender, you are washed.

Because a lot of the times, the D.A's and Public Defenders broker deals over people's lives over a drink at the local "hot spot".

It's not even a matter of black vs white. It's green.