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re: Mandeville homeowner arrested for Agg Assault of teens rolling houses in Sanctuary
Posted on 11/3/17 at 4:50 pm to chalmetteowl
Posted on 11/3/17 at 4:50 pm to chalmetteowl
quote:
you can kill them to protect your property. this is probably bullshite You can pull out a gun, and if the girls had one they'd be justified in shooting back, but it's not illegal to pull one out and nothing else
Don't rely on this as legal advice folks. So much wrong there.
Let's make this simple - Absent an articulable fear of great bodily harm or death, you can't use deadly force. The act of threatening the use of deadly force, in this case brandishing a firearm at someone, is called Aggravated Assault. An affirmative defense against the charge of Aggravated Assault would need to be "I felt reasonably threatened" and not "they were destroying my yard" and that is why he got arrested. Now if the guy went with the "I thought that 14 year old girl was going to kick my arse" defense (and the police / DA believed him) then he might be able to beat the charge.*
*NONE OF THIS is legal advice and, to beat everyone to the punch, I don't know shite about what I am talking about and what your drinking buddy/what you read on the internet/what you heard at the gun range is definitely the correct answer.
Posted on 11/3/17 at 11:03 pm to jbgleason
quote:so nobody can protect themselves nowadays... got it
The act of threatening the use of deadly force, in this case brandishing a firearm at someone, is called Aggravated Assault.
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