However, (at the time I discover a stranger in my home in the middle of the night) I'm really not too interested in the Florida Statues, presumption of guilt, statutory interpertations,...
Perfectly natural to feel that way at that time...but after the fact, those will be the
only things that anyone will be discussing, and they will be very, very important to anyone who has used deadly force. They will determine his future.
...and especially your last statement: "The intruder has rights under the law"????
Don't get me wrong. I don't have any sympathy for any violent criminal actor. It's just that none of us can overstep and pass sentence on him. We can defend ourselves, and he may die by our hands, and that may be justified, but we cannot, by shooting when we are not threatened, decide to deny him due process, without ending up on the wrong side of the law ourselves.
What the hell about me and my family's rights? Don't we have rights? Of course, I would hope they would leave before having to shoot someone but that may not happen (before I decide to protect myself, family and possessions).
In every state including yours and mine, you have the right to protect yourself and yours as necessary, and that includes the use of deadly force.
I really wonder what YOU would personally do, if someone actually broke in your home in the middle of the night, (brew them a pot of coffee)?
I've had it happen three times, and each time I was ready to shoot. Very ready. Fortunately they all elected to depart before I had to.
Hmmmn, YES I WOULD PROBABLY STILL SHOOT THEM if I felt threatened and I felt the situation had crossed the line.
Seems reasonable. Just make sure you don't "cross the line" yourself, should the treat dissipate.
I'm not that concerned (at that particular time) about legal eagle advice (as it is my butt on the line and not yours).
Yet, indeed it is yours. But it's a
very good idea to understand the laws relating to the use of deadly force...
beforehand.
As my best friend (a police officer) told me years ago, "anyone who breaks into your home in the middle of the night, is there for one of three reasons".
1. To rob you
2. To hurt/rape you
3. Maybe both!
You and I could think of a few other conceivable reasons, but those are no doubt the reasons for the presumption set forth in the Florida statutes.
So, one or more people break in unlawfully and with force. You do not have to retreat, and you do not have to come up with any evidence other than the fact of the break in as a basis for a reasonable belief that you are in imminent danger. You can shoot if you have to. You are shooting to protect yourself and your family, and not to execute them for breaking into your home.
But should the evildoers suddenly become wiser, less courageous, or kinder or gentler and choose to depart, any evidence to that effect would paint an entirely different picture.
The risk there, in a home invasion situation, lies most probably in forensic evidence, in any inconsistency in your story over time, or in other testimony that you didn't expect.
Best to let the wheels of justice grind on them rather than on you, when that happens.
