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Old August 8, 2006, 06:46 PM   #20
choochboost
Senior Member
 
Join Date: October 15, 2005
Location: orange county, ca
Posts: 610
Quote:
Originally Posted by GeorgeF
Serious question - does a self-defense shooting always have to be a life and death affair? What if it were a situation where you were being threatened with bodily harm? Do you have to take 'X' number of punches before you can draw your weapon or are you justified from the beginning?
You can only use deadly force against someone who is threatening your life. In most cases, a fist-fight does not call for the use of deadly force. There was a case in California where a man shot and killed another who was instigated a fight. He was found guilty and lost his appeal on the second try.

Here's what the court decided:
"The only intent on the part of the victim was to engage defendant in fisticuffs, to "beat him up," and the evidence did not establish that the victim was so physically overwhelming that defendant had reason to fear great bodily injury from such an encounter."

Last edited by choochboost; August 9, 2006 at 12:41 PM.
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