At what point are you justified 2 use force?

[ratski]

This may have been discussed before. Probably has, but...

Situation: You are sitting in your car and someone starts attacking it.
Kicking, jumping on the hood, punching the doors and windows, trying to open the doors.
Maybe swinging a baseball bat at the car?

At what point can you justifiably use deadly force?

My understanding is that as long as the interior of the vehicle has not been breached, not much you can do.

Once they grab the handles and try to open the door?
Or once the windows crack?

If they are laying in front of you preventing your movement while others attack your vehicle?
What options do you have?

I know we have all watched these scenes on TV, but what happens in real life.

Curious.

 

[RickN]

I think if you are really afraid for your life, you can drive off even if it injuries some of them. I could be wrong but that would be common sense. Of course that is in short supply when it comes to the law nowadays.

 

[Snattlerake]

https://www.nbcnews.com/news/us-new...ing-drivers-who-kill-or-hurt-rioters-n1265111
Oklahoma has passed legislation that protects drivers who unintentionally injure or kill people participating in riots.

The bill, signed into law by Republican Oklahoma Gov. Kevin Stitt on Wednesday, also makes it a misdemeanor, punishable by up to a year in prison and as much as a $5,000 fine, to obstruct a roadway or impede vehicular traffic.

Ignore the two idiots with their backs toward the truck's front bumper trying to stop it. They were "PLOWED INTO"

House Bill 1674 was introduced after a viral incident last summer in which a pickup truck pulling a trailer plowed through Black Lives Matter protesters on Interstate 244 in Tulsa. Three people were badly injured, including a 33-year-old man who fell from an overpass and was paralyzed from the waist down.

District Attorney Steve Kunzweiler declined to file charges against the driver in Tulsa, saying several people in the crowd had attacked the vehicle with the driver’s children inside. He stopped short of endorsing proposals for harsher penalties for protesters or blanket immunity for drivers.

Oh yeah, the guy that fell off the bridge... he was well away from the truck at the time.

 

[OK Corgi Rancher]

I'm shocked that NBC news would write such a biased story. Shocked, I tell you!

I'm not up on the particulars of Oklahoma law, but... Generally, one can use deadly force to defend oneself if that person has a reasonable belief that they are in imminent danger of suffering serious or grievous bodily injury or death. The same rules usually applying to defending third parties...like your family.

Of course, you'd have to be able to articulate why you felt your use of force was reasonable...more specifically, your attorney would articulate that for you.

 

[PBramble]

This again... From OKs statutes:
A person who unlawfully and by force enters or attempts to enter the dwelling, residence, occupied vehicle of another person, or a place of business is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

Unlike the “Make My Day” doctrine which provides protections in one’s home against intruders, “Stand Your Ground” doctrine does not require that the person invoking it be at their dwelling, but only that they have a right to be legally present at the location of the confrontation.


According to OK law, if someone tries to enter my vehicle they're getting multiple lead based Covid injections into the chest. And it's legal. Here's a little read for everyone who wondered.

https://www.oklahoma-criminal-defense.com/crimes/oklahoma-self-defense-doctrines

 

[Tanis143]

To me it depends on what they are using to attack with. If its just hands and feet, I'm not getting out of my car and I have insurance. If they swing a bat/heavy object once at my car, I'm shooting through the windshield. I will not wait for them to break the glass and risk my occupants or my sanctity of life. Of course I will try to drive off and the only way I would be blocked is if its another vehicle. Human bodies are soft and supple and easily pushed out of the way or gone over.

 

[rockchalk06]

Not to be that guy, but there are way too many variables to be able to make an accurate decision based on your info. Are you a 75 year old guy 120 pounds in a Prius and scared for your life, or are you a 300 pound ruff neck in a fullsize truck with a cool head and decent amount of training?

My point is how do you perceive the threat? Not how you perceive the threat talking to a jury, but how do you God's honestly perceive the threat. You and I are different and will perceive it differently. Keep that in mind.

Some shithead jumps on the hood of my truck and I can drive away? Time to let that Hemi breath child. As protective of my truck as I am, I do have insurance and a family to protect, so no, I'm not smoking the unarmed purpled haired daddy hating fool climbing on my truck. Will I have my weapon at the ready should the situation escalate and I can't safely move traffic out of my way? Think of it like this and ask yourself "can I get out of the area without being hurt or killed?" If your (not mine) answer is yes, well you have your answer. You would be surprised how well you can bug out with a fullsize truck if needed.

Most vehicles today have automatic locks when you reach speeds of 10ish. Mine does. If it doesn't, get a new vehicle or lock your doors before you leave he house. That will stop a lot.

Use the use of force step ladder. Always be one step higher than the other guy.

 

[ricco]

First and foremost, never think that a law will protect you from prosecution.

If your state has a Grand Jury system let this quote from New York State chief judge Sol Wachtler be your guide, “a grand jury would indict a ham sandwich, if that's what you wanted.”

If your state leaves it to the Prosecutor to decide whether or not to indict then well..........

Think of your vehicle the same as your house, if the bad guy is outside you are very limited in the type and amount of force that can used. If the bad guy is inside you may have more latitude in your response.

That said, never assume that Castle Doctrine or Stand Your Ground laws will offer any legal protection.

Most people don't understand fighting, like any subject if you don't study it then your understanding will be limited. Jurors will believe what the prosecutor tells them, having no real knowledge themselves they have no other choice. Most defense attorneys may only have a few legitimate self defense cases in their entire careers so again, limitations.

 

[CorpsVet]

The queation asked was "At what point are you justified 2 use force?" Hate to say it but IMO, the real point at which it happens is when the verdict is read.

 

[OHJEEZE]

You have the right to protect yourself, but along the way, the idiots in the legal system have stacked the deck against us!

I do not think it is about justice anymore, just all about the money! $$$


I pray that ya'll (me included too) never need to use any means to protect yourselves, and that toting your pistola is just something you do!