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Is this justified self defense?
Posted on 7/7/24 at 2:28 pm
Posted on 7/7/24 at 2:28 pm
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The man in the green shirt at New York’s Freaknik festival has started a large debate on the internet about “Self Defense” many viewers believe he did the right thing pulling his gun out while other viewers claim he should be charged and his life wasn’t in danger.
Posted on 7/7/24 at 2:30 pm to Falco
frick yeah, self defense just based on that small clip. Probably need more context. Dude got hit from behind.
Posted on 7/7/24 at 2:30 pm to Falco
Dude got knocked down cause some guy sucker punched him.
He absolutely has a right to pull his gun at that point. FAFO.
He absolutely has a right to pull his gun at that point. FAFO.
Posted on 7/7/24 at 2:32 pm to BluegrassBelle
quote:
Dude got knocked down cause some guy sucker punched him. He absolutely has a right to pull his gun at that point. FAFO.
He already had it out prior to the punch
Posted on 7/7/24 at 2:33 pm to Falco
Technically, blows to the head or neck with the bony portion of your hand is considered deadly force assault… looked like homeboy punched him in the temple. So deadly force would supposedly be the appropriate response.
Posted on 7/7/24 at 2:34 pm to Falco
Nowhere else to retreat to while attacker stands over him would be justified to me
Being in NY...who knows what they will do
Being in NY...who knows what they will do
Posted on 7/7/24 at 2:35 pm to Falco
Need way, way more context, but he was hit from behind in the head. Definition of fearing for your life.
Posted on 7/7/24 at 2:35 pm to Falco
I cba to do free legal research for New York, but it would absolutely be justified in Louisiana with the caveat that we didn't see the start of the fight, so we don't know who the initial aggressor was, and whether the person who hit him could therefore have a justifiable defense of others claim that would vitiate green shirt's self defense claim.
This post was edited on 7/7/24 at 4:25 pm
Posted on 7/7/24 at 2:35 pm to Falco
Reason numba 212,000 to not go there.
Posted on 7/7/24 at 2:35 pm to Falco
These type issues are determined by local LE and the DA. In many conservative southern jurisdictions, this will likely be considered self defense, in NYC, who knows?
Posted on 7/7/24 at 2:35 pm to Jcorye1
quote:
Need way, way more context, but he was hit from behind in the head. Definition of fearing for your life.
He was hit from behind while he was already menacing another person with a gun in his hand.
Posted on 7/7/24 at 2:36 pm to greenbean
quote:
In many conservative southern jurisdictions, this will likely be considered self defense, in NYC, who knows?
Don't live where people who disagree with you hate you with every fiber of their being. I loved Denver, but I left when it became apparent if anything happened, they'd cheerily throw me in jail for the rest of my life.
Posted on 7/7/24 at 2:37 pm to Dawgfanman
quote:
already menacing
Is that in the law? Doesn't sound very legal.
Posted on 7/7/24 at 2:38 pm to Jcorye1
quote:
Need way, way more context, but he was hit from behind in the head. Definition of fearing for your life.
Again, won't speak for New York, but in Louisiana, you only need to fear "death or seriously bodily injury" to justify homicide. To justify the use of lower levels of force or violence, you simply need to show that it was reasonable to prevent further forcible offenses against the person or trespasses on property. Pulling a firearm on someone, and not firing it, would fall into this latter category.
Posted on 7/7/24 at 2:39 pm to Jcorye1
quote:
already menacing Is that in the law? Doesn't sound very legal.
Yes. It is. Hope you learned something.
Posted on 7/7/24 at 2:39 pm to Joshjrn
Thanks for the further clarity.
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