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<blockquote data-quote="Michael Brown" data-source="post: 2007305" data-attributes="member: 18"><p>This is simply not so.</p><p></p><p>Intent weighs incredibly heavily in the decision to prosecute so these hypothetical situations are all pretty ridiculous. All of the examples that could be exceptions require affirmative defense, so it is not a bright line distinction; you have to be able to explain why you did something that could be construed as a crime. That is why trials are not held in internet chatrooms.</p><p></p><p>A prosecutor and eventually judge and jury will be asked to weigh to person's intent when they committed the act they did.</p><p></p><p>If they find it reasonable, there will be no problem; If they don't, there will be a conviction.</p><p></p><p>Since it appears as though the poster wants us to believe that the person transitioning to oepn carry did so as a deterrent, it can be inferred to be a use of force.</p><p></p><p>My experience in the Oklahoma legal system leads me to believe that this would not likely be prosecuted simply because of case management, but if it were prosecuted would likely lead to a conviction.</p><p></p><p>However that is opinion only.</p><p></p><p>Michael Brown</p></blockquote><p></p>
[QUOTE="Michael Brown, post: 2007305, member: 18"] This is simply not so. Intent weighs incredibly heavily in the decision to prosecute so these hypothetical situations are all pretty ridiculous. All of the examples that could be exceptions require affirmative defense, so it is not a bright line distinction; you have to be able to explain why you did something that could be construed as a crime. That is why trials are not held in internet chatrooms. A prosecutor and eventually judge and jury will be asked to weigh to person's intent when they committed the act they did. If they find it reasonable, there will be no problem; If they don't, there will be a conviction. Since it appears as though the poster wants us to believe that the person transitioning to oepn carry did so as a deterrent, it can be inferred to be a use of force. My experience in the Oklahoma legal system leads me to believe that this would not likely be prosecuted simply because of case management, but if it were prosecuted would likely lead to a conviction. However that is opinion only. Michael Brown [/QUOTE]
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