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joeroket wrote:
asforme wrote:
joeroket wrote:
You use the minimum amount of force neccessary to neutralize the threat.
That must be nice to have criminals wearing signs that say "I have a knife and want to mug you, a 9mm will do the job".
Now in the real world, some guy is approaching you, you've told him to stop but he keeps coming, you have no idea if he's armed or what his intentions are. Tell me, what is the appropriate force, or do I wait to be attacked and find out myself?
Kind of a dumb question but I will humor you.
Appropriate force is for you to determine at the time the incident is happening. If you draw a firearm because someone is coming towards you you had better be able to show, because of thier actions that your life was threatened, "great personal injury" was going to take place, or he was attempting to commit a felony.
OK, I KNOW I WILL GET FLAMED FOR THIS...
People will roll:quirkytheir eyes and say that this is NOT Utah, but I ask IF there is anything like this in WA codes.
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76-2-402. Force in defense of person -- Forcible felony defined.
(1)
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that force is necessary to defend himself or a third person
against such other's imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other's imminent use of unlawful force, or to prevent the commission of a forcible felony.
(2) A person is not justified in using force under the circumstances specified in Subsection (1) if he or she:
(a) initially provokes the use of force against himself with the intent to use force as an excuse to inflict bodily harm upon the assailant;
(b) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
(c) (i) was the aggressor or was engaged in a combat by agreement, unless he withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the use of unlawful force; and
(ii) for purposes of Subsection (i) the following do not, by themselves, constitute "combat by agreement":
(A) voluntarily entering into or remaining in an ongoing relationship; or
(B) entering or remaining in a place where one has a legal right to be.
(3)
A person does not have a duty to retreat from the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except as provided in Subsection (2)(c).
(4) For purposes of this section,
a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, and arson, robbery, and burglary as defined in Title 76, Chapter 6. Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony. Burglary of a vehicle, defined in Section
76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted.
(
5) In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors:
(a) the nature of the danger;
(b) the immediacy of the danger;
(c) the probability that the unlawful force would result in death or serious bodily injury;
(d) the other's prior violent acts or violent propensities; and
(e) any patterns of abuse or violence in the parties' relationship.
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Amended by Chapter 26, 1994 General Session
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Last revised: Thursday, May 01, 2008
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As far as the OP, according to these guideliness/codes (which are UTAH)it probably would NOT warrant the pulling of the firearm as far as I understand the scenario.
Just my .40
TJ
