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What would you do during a Bad Guy Attack
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<blockquote data-quote="apoptosis" data-source="post: 5716797" data-attributes="member: 3226"><p>First Texas works much differently than other states particular in self-defense laws. I am surprised Castle Law worked in this case but I could see how it could. </p><p></p><p>If the crooks left the house and he shot them while they go down the street, he would really have to prove imminent danger which would be hard.</p><p></p><p>EDIT: i just realized you were talking about the Joe Horn case (had to look up the name). My parents live in Houston so i remember them talking about it. Looking it up, this case caused lots of debates and legal discussion. In his favor the 2 men did charge him giving him greater reason to claim self-defense. </p><p></p><p>Conversely in Ga there was a case (this was brought up in my high school Civil class as it was relevant and allowed them to bring 'current' events into teaching') where a guy in a house shot an intruder. He was convicted of manslaughter as he shot the guy in the back as the guy was trying to leave his house.</p><p></p><p>I only bring this up as such cases can go either way. There is in most states the idea that you need to retreat if possible in all non-home related situations.</p><p></p><p>These are totally different scenarios relative to the grandma story. She pursued, she was no longer in imminent danger, it was not her house etc. Legal precedent does not apply to such dissimilar cases as you brought up; legal precedent does not work like that. I am not saying she would get prosecuted, she might very well not as particular elements (like timing as brought up by Danny) would play a role in this. </p><p></p><p>My general point really was that people get arrested and prosecuted in "self-defense" cases all the time. The most common defense in assault is self-defense plea.</p></blockquote><p></p>
[QUOTE="apoptosis, post: 5716797, member: 3226"] First Texas works much differently than other states particular in self-defense laws. I am surprised Castle Law worked in this case but I could see how it could. If the crooks left the house and he shot them while they go down the street, he would really have to prove imminent danger which would be hard. EDIT: i just realized you were talking about the Joe Horn case (had to look up the name). My parents live in Houston so i remember them talking about it. Looking it up, this case caused lots of debates and legal discussion. In his favor the 2 men did charge him giving him greater reason to claim self-defense. Conversely in Ga there was a case (this was brought up in my high school Civil class as it was relevant and allowed them to bring 'current' events into teaching') where a guy in a house shot an intruder. He was convicted of manslaughter as he shot the guy in the back as the guy was trying to leave his house. I only bring this up as such cases can go either way. There is in most states the idea that you need to retreat if possible in all non-home related situations. These are totally different scenarios relative to the grandma story. She pursued, she was no longer in imminent danger, it was not her house etc. Legal precedent does not apply to such dissimilar cases as you brought up; legal precedent does not work like that. I am not saying she would get prosecuted, she might very well not as particular elements (like timing as brought up by Danny) would play a role in this. My general point really was that people get arrested and prosecuted in "self-defense" cases all the time. The most common defense in assault is self-defense plea. [/QUOTE]
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