can you shoot someone stealing your car in florida
The problem here is that theres no controlling case law that says that you are allowed to use deadly force against a burglar whos breaking into your car. Florida Statute 776.031allows a person to use or threaten to use non-deadly force if: they reasonably believe such conduct is necessary to prevent or terminate the others trespass on, or tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or a person whose property he or she has a legal duty to protect. I do hope that he got a headache every time he thought about breaking into someone elses car. Otherwise, your weapon would/should have stayed in your holster. In California, protection of your life and/or the lives of others. If a police officer cannot, per policy, discharge a weapon for simple GTA, why can a CCW permit holder do so unless their life is in jeopardy. But there have been cases where victims were charged after taking their defense too far. Your email address will not be published. First you can only use deadly force if you reasonably believe that the thief poses a threat of serious bodily harm or death to you or another person. Is it legal to shoot someone whos stealing your car? in the night time . . If you draw your weapon, you have made the decision that deadly force may be required. You simply have to make sure you are in danger. One MUST ALWAYS, REPEAT MUST ALWAYS USE MININUM FORCE. That rule applies even if there is a way to get away without being harmed. We prayed for days and nights and God heard our prayers and responded with Mr. Ambrosio Rodriquez 2023 The Rodriguez Law Group - Los Angeles Criminal Defense Attorney. Is It Ever Legal to Shoot Trespassers? - FindLaw Will you go to jail if you shoot someone whos stealing your car? If knocked unconscious, they will reasonably use that gun to kill you. The neighbor heard all the noise and came outside to yell at us and tell us he was calling the police (this was pre cell phone days). We would like to show you a description here but the site won't allow us. 1661 N Water St Ste 406 Milwaukee, WI 53202, Madison - (608) 405-2071 If someone's breaking into your vehicle in the nighttime, the law becomes much more clear. The shooter could be charged with Simple Battery (misdemeanor) all the way up to and including Aggravated Assault (Felony) based on the specific facts of the case and the injury resulting from the attack. Surveillance video shows McGlockton leaving the store, confronting Drejka and shoving him to the ground. FYI.someone mentioned LEOs always using more than Minimal Force are Mistaken..LEOs MUST always follow USE of Force Policy or else they can be charged with Excessive Use of Force and a potential Law suit for them and their department. That means using the least amount of Force that is necessary to get the job done and stop the threatVoice commands for examplereleasing a K-9, using a taser, or pepper spray/mace,.One can escalate Force as needed to maintain or take Control of the Bad Guy(s) or potential Bad Guy(s). So for example say a car containing an elderly mans heart medication was stolen on a day trip.