Author Topic: Almost mugged in Charleston  (Read 9468 times)

tombogan03884

  • Guest
Re: Almost mugged in Charleston
« Reply #40 on: October 21, 2009, 11:04:55 AM »
 Remember the John Wayne quote that life is harder if you are stupid ? The same thing applies to ignorant (uninformed).
I think you need to find a way to inform your Mother that it is no longer the America she grew up in and that no one is ever "safe" any where. ESPECIALLY after dark in a city.

mudman

  • Guest
Re: Almost mugged in Charleston
« Reply #41 on: October 21, 2009, 11:49:28 AM »
B & S     SOMETHING  SMELLS  WENT LOOKING FOR IT DIDJA

fightingquaker13

  • Top Forum Member
  • *****
  • Posts: 11894
  • Liked:
  • Likes Given: 0
Re: Almost mugged in Charleston
« Reply #42 on: October 21, 2009, 12:38:19 PM »
B & S     SOMETHING  SMELLS  WENT LOOKING FOR IT DIDJA
Huh?
FQ13

ericire12

  • Top Forum Member
  • *****
  • Posts: 7926
  • DRTV Ranger
  • Liked:
  • Likes Given: 0
Re: Almost mugged in Charleston
« Reply #43 on: October 21, 2009, 12:42:14 PM »
In reading and posting in this thread, I had not really thought about this until now......

According to SC law if you would have shot one or both of those guys there is a good chance that you might have gone to prison.... or at the very least would have had a very difficult case to defend yourself in.

Under SC law, you cant use deadly force unless you are faced with death or severe bodily injury. Use of deadly force may also be used to defend someone else from death or severe bodily injury. Since these guys never presented a weapon, even if they were trying to intimidate you and rob you...... you still could not shoot them. You would have to have just taken the butt kicking. In SC by you presenting the weapon first, it very easily could have been viewed as you escalating things and bringing lethal force into the equation when it was not legally justifiable. Especially once you factor in what the story the bad guys (if still living) would have given to the police -- Probably would have made you out as if you were robbing them. Yes, you were faced with multiple attackers, and ones that you felt were of superior physical strength, but if it turned out that they never had a weapon it might have had to go to a jury to be decided.

It is taken case by case and basically comes down to if it is reasonable that the person was truly in fear of their life. A little old lady with a walker pulling a gun on a guy that wants her purse is going to be viewed very differently then if a 30 year old male who is reasonable fit pulls a gun on someone asking for their wallet. Multiple attackers is also a factor, however I dont really know what number of attackers is viewed as being justifiable to bringing lethal force into the mix.   

I am not saying you did the wrong thing, and I am not saying that you over reacted in anyway. I just think that this should be discussed. It is important for us (all of us) to remember that when we are carrying outside of our home state that it is very important to know all the laws about use of force. You may need to adjust your tactics. It is more then just knowing about reciprocity and open carry. Laws vary greatly from state to state about the use of force as well.

In SC, there are several layers of examination when it comes to self defense shootings that probably would have protected you. The officers on scene have to view it as questionable, the local department has to view it as questionable, the state police dept has to view it as questionable, and finally the state prosecutor has to believe it should be prosecuted. It is my experience that police in SC are very pro CCW holders. In most instances that I have seen, if it looks in anyway to be an act of personal protection by a legal gun owner/carrier law enforcement sides with the CCW holder. The law can technically become very nuanced, but it rarely comes down to deciding that in a court room.

Everything I needed to learn in life I learned from Country Music.

tombogan03884

  • Guest
Re: Almost mugged in Charleston
« Reply #44 on: October 21, 2009, 01:50:27 PM »
 That should be the least of your concerns, while it is wise to know local process and you MUST know the law the most important thing is that you have to be alive to care .

Sponsor

  • Guest
Re: Almost mugged in Charleston
« Reply #45 on: Today at 03:12:52 AM »

fightingquaker13

  • Top Forum Member
  • *****
  • Posts: 11894
  • Liked:
  • Likes Given: 0
Re: Almost mugged in Charleston
« Reply #45 on: October 21, 2009, 04:30:56 PM »
Eric makes a good point. The threat was there but  but made  non verbally, just body language and tone. Did they have a weapon? Probably, but just took off loking for easier prey. Still it is frustating knowing that even if you do everything right you might still wind up in a cell next to their cousin. Makes me very grateful for Fl.s generous castle doctrine and why we should all push for one in our states.
FQ13

ericire12

  • Top Forum Member
  • *****
  • Posts: 7926
  • DRTV Ranger
  • Liked:
  • Likes Given: 0
Re: Almost mugged in Charleston
« Reply #46 on: October 21, 2009, 06:38:31 PM »
Eric makes a good point. The threat was there but  but made  non verbally, just body language and tone. Did they have a weapon? Probably, but just took off loking for easier prey. Still it is frustating knowing that even if you do everything right you might still wind up in a cell next to their cousin. Makes me very grateful for Fl.s generous castle doctrine and why we should all push for one in our states.
FQ13

SC has a castle doctrine also.... you have no duty to retreat, however you can not kill someone just because they want your money/property. Lethal force has to be reserved for life and death situations only
Everything I needed to learn in life I learned from Country Music.

 

SMF spam blocked by CleanTalk