Self defense scenario: Kicked-in windshield

[WalkingWolf]

So ...

what would be the best thing to do if someone jumped on the hood of your car in Virginia and started to try to kick in your windshield ?

wasn't that what we were discussing ?

Well it would depend on whether I could back up with them on the hood.

 

[Wolf_shadow]

So ...

what would be the best thing to do if someone jumped on the hood of your car in Virginia and started to try to kick in your windshield ?

wasn't that what we were discussing ?

Let's see car is still in drive. Jerk forward, hit brake hard then backup quickly. If id10t comes towards me after getting up I then have to choose car bumper or firearm.

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[Citizen]

SNIP We have no statute on it but common law going back to 1607, which is even better.

I just went to look this up on the VA General Assembly's website.

I definitely recall reading a VA statute that said in so many words that the common law as it existed in the 4th year of the reign of James I* was incorporated into VA law by reference.

But, that statute ain't on the GA's website no more. There is a similar one. But it no longer makes reference to 1607. And, 1-10 has a note that thru 1-17 were all repeaed in 2005. But, I read the darn thing within the last year. And, a couple times before that when User made reference to it. And, last year when User was organizing all the common law on self defense.

What's going on?

Below is what seems to be the new version. Check it out on the GA website, the old one was also in Title 1, just like new version:

prev | next § 1-200. The common law. The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+1-200 *Elizabeth I died in early 1603. She was the last of the Tudors; she had no children to make an hereditary heir. So, James (IV?) of Scotland agreed to come over and become James I of England the same year, 1603. The fourth year of his reign would be 1607, which is the same year Jamestown was chartered/founded.

 

[peter nap]

§ 1-201. Acts of Parliament.
The right and benefit of all writs, remedial and judicial, given by any statute or act of Parliament, made in aid of the common law prior to the fourth year of the reign of James the First, of a general nature, not local to England, shall still be saved, insofar as the same are consistent with the Bill of Rights and Constitution of this Commonwealth and the Acts of Assembly.
(Code 1919, § 3, § 1-11; 2005, c. 839.)

 

[Citizen]

§ 1-201. Acts of Parliament.
The right and benefit of all writs, remedial and judicial, given by any statute or act of Parliament, made in aid of the common law prior to the fourth year of the reign of James the First, of a general nature, not local to England, shall still be saved, insofar as the same are consistent with the Bill of Rights and Constitution of this Commonwealth and the Acts of Assembly.
(Code 1919, § 3, § 1-11; 2005, c. 839.)

Thanks. I saw that. Its about writs, though. Writs made in aid of the common law. Rather than the common law itself.

Am I misremembering something? Does anybody else remember a stipulation in VA law that the common law of England as it existed in 1607 was incorporated by reference into VA law?

 

[davidmcbeth]

Thanks. I saw that. Its about writs, though. Writs made in aid of the common law. Rather than the common law itself.

Am I misremembering something? Does anybody else remember a stipulation in VA law that the common law of England as it existed in 1607 was incorporated by reference into VA law?

I would be surprised ... because common law is the unwritten law .. no need to write a statue incorporating it ... if there was, it would not change anything, right?

 

[Grapeshot]

I would be surprised ... because common law is the unwritten law .. no need to write a statue incorporating it ... if there was, it would not change anything, right?

Common law = unwritten law - well kinda, sorta not.

The entire body of Common Law, comprising cases decided by judges on matters relating to torts and contracts, among other things, is said to reflect unwritten standards that have evolved over time. In each case, however, once a court, legislature, or other government body formally adopts a standard, principle, or Maxim in writing, it ceases to be an unwritten law.

There are records (written) of the cases and the decisions thereof.

http://legal-dictionary.thefreedictionary.com/unwritten+law

 

[davidmcbeth]

Common law = unwritten law - well kinda, sorta not.

The entire body of Common Law, comprising cases decided by judges on matters relating to torts and contracts, among other things, is said to reflect unwritten standards that have evolved over time. In each case, however, once a court, legislature, or other government body formally adopts a standard, principle, or Maxim in writing, it ceases to be an unwritten law.

There are records (written) of the cases and the decisions thereof.

http://legal-dictionary.thefreedictionary.com/unwritten+law

Correct, once a law is written, the common law can become "void" ...

 

[Primus]

Correct, once a law is written, the common law can become "void" ...

I recall someone recently saying that there was common law federal citizens arrest that you could detain someone on a federal crime even if you were a local law enforcement?

Is there no federal citizens arrest statute nullifying said common law?

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[jayspapa]

There was a case in southern Illinois where concealed carry is illegal. The defendant was found not guilty on the basis of self defense even though he was not supposed to have a gun. The incident was not even in a home, I believe a bowling parking lot. And Illinois has no castle doctrine.

Hopefully I can find the case again and post it.

This happened in my town and only about 8 blocks from my home. The guy didn't have an FOID ( firearm owners identification ) card either which is required to buy firearms or ammo in this state as a resident.

I was amazed that they didn't charge him with that as well. He was originally charged with murder I think.

I can't find a link on this either. Sorry.

 

[Citizen]

I would be surprised ... because common law is the unwritten law .. no need to write a statue incorporating it ... if there was, it would not change anything, right?

Well, yes, a statute would be necessary in VA. Remember that the reset button was pushed on 4Jul76.

 

[SouthernBoy]

Also she's a female so she has even more reason to shoot

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The feminists aren't going to like you saying this. Remember, they're supposed to be no different than men.

 

[SouthernBoy]

Since the idiot and his bimbo had pulled in front, all she had to do is put it in reverse when the moron raised his leg to kick. Boom, splat, the idiot is off the car.

Problem solved.

Yes, do this before he even gets on the hood. After all, his footwear is going to leave scratches on the paint and his weight could easily dent the hood. If she perceived an attack by this idiot, seems to me she would want to get the heck out of Dodge. If he's injured in her escape attempt, too bad for him. Of course, it would come down to her word against theirs. Could be problematic unless damage was done to her vehicle. What a shame... cars don't heal.

 

[Ken56]

We on here all harp about recording voice and video. I have a voice recorder in my shirt pocket when I am out and a dash cam going when driving and a hand held video recorder as back up. We preach about having documented an encounter with police for our own defence if necessary, same goes with encounters with the general public. Record, record, record. Its as important as your defensive tool. This Incident here serves to reinforce that importance.

 

[davidmcbeth]

Record record record ... evidence that could be used against you in court .... hmmmmm .. the flip-side

 

[TFred]

We on here all harp about recording voice and video. I have a voice recorder in my shirt pocket when I am out and a dash cam going when driving and a hand held video recorder as back up. We preach about having documented an encounter with police for our own defence if necessary, same goes with encounters with the general public. Record, record, record. Its as important as your defensive tool. This Incident here serves to reinforce that importance.

Dash cam video... now THAT would have been interesting to see on this case!

TFred

 

[BrianB]

In Florida one is statutorily provided with the presumption of reasonable fear of death or great bodily harm when someone unlawfully and forcefully enters or attempts to forcefully enter their occupied vehicle or home. Which as we all know is the standard when one may use deadly force in self-defense.

Fixed that for you. The "forcefully" part can be important in cases where the door was already open, etc.

My apologies to the OP for posting more "Florida stuff".

 

[Marco]

Be interesting to hear thoughts on options during this incident. I'm thinking the attacker is lucky to be alive, as any of a number of defensive actions could have led to otherwise.

TFred

Kicked-in windshield leads to arrests

Snips:

The driver behind her began honking the horn, then pulled in front of her and stopped. A man got out of the passenger’s seat and jumped up on her hood while yelling at her.

He kicked her windshield repeatedly until it broke, then got back into the car and was driven away. The victim got the license number and called police.

:shocker:I'd be curious to see how long someone could hold on to the hood at hwy speeds, while contacting LE.
As long as he's holding on he's a threat. Once he falls to the ground I'd stop to "converse" with him.

 

[skidmark]

:shocker:I'd be curious to see how long someone could hold on to the hood at hwy speeds, while contacting LE.
As long as he's holding on he's a threat. Once he falls to the ground I'd stop to "converse" with him.

If s/he has a good grip on the wiper blade arms and you are not jinking to try and shake him off someone can hang on till their grip gives out.

Jinking or sudden braking might be looked at askance by law enforcement. Besides, cruising in the middle/left lane with your 4-ways on and standing on the horn while conveying some idjit who is hanging on to your wipers just might get a whole lot of folks dialing while driving and save you from having to look for a cop.

Advice from someone who has used it once, on a California freeway - when you see the bubblegum lights in your rearview mirror slow down and motion with your left arm for the cop to pull up alongside. It worked with a hitchhiker/robber (it was in the days before anybody had thought of carjacking) who had decided he did not want to be part of a head-on collission with a bridge. Sort of told the cop what was going on, then merged right onto the shoulder close enough to use the guardrail to prevent the passenger door from being opened. As you might imagine, that last part might not work on secondary roads/city streets.

stay safe.