ThirdOfFive |
08-17-2024 07:07 AM |
Quote:
Originally Posted by Byte1
(Post 2360994)
Sometimes I wonder how some folks have lived as long as they have. Lucky, I guess. Even in the most liberal law states, you have the right to defend yourself and others in your home. I do not agree with those that think that someone breaking into their home while they are sleeping, will result in a mere TV theft. Unless you are telepathic, and can read someone's mind and intent, you do not know what the burglar's intent is when he violates your home security. Sure, maybe an alarm will scare the would-be thief away. But, why is it OUR responsibility to scare them away? As far as I am concerned, anyone that breaks into my home, can not expect a passive response. Kind of hard to tell the emergency responders "but I thought he only wanted my TV" after you stood back and allowed the criminal to enter your home, and harm your family. Wake up, these animals know that they are violating the law and can expect the ultimate penalty. I believe in security devices to protect you, but I also believe in personal protection. Someone that has to force their entry can not expect sympathy. Enough with the attempt to try to understand the reasoning behind a criminal's intent.
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Very well stated!
Florida law is pretty definite on this, at least according to hussein and webber dot com: "If the defendant is in his or her home or vehicle, then, under Section 776.013, Florida Statutes, the law will presume that the defendant had a reasonable fear of imminent death or bodily harm if the alleged victim unlawfully entered or remained or attempted to remove another person against their will."
I read this to mean that in Florida, a violent act on the part of a home (or vehicle) invader does not have to actually be threatened or occur. The law assumes, if the invader makes it into the home or vehicle, that said invader INTENDS to perpetrate "imminent death or great bodily harm", and the homeowner can act accordingly.
Is it draconian? Maybe. But if you're faced with a home invader or invaders, the time for logic, reason, and waiting for the criminal to act is long past. Statistically, it is near 50-50 that if that happens, the invader is there because he is desperate for drug money. "Almost 40% of people locked up for property crimes...reported that they had committed their most serious offense for drug-related reasons. " (bjs dot com), and it is pretty much a given that someone resorting to stealing to feed an addiction is not going to act rationally. I might welcome a 60-40 edge if I was in (say) Vegas, but when my life or well-being, or that of my loved ones, is at risk, then I'm definitely NOT going to roll those dice. It needs to be 100%, or as close to that as possible, and I'm grateful that Florida law would back me up on that account.
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