I agree that the golfer was rude, but it doesn't give anyone the right to shoot him. It is only considered self defense if you had no option of getting away.
Not in Florida.
I agree that the golfer was rude, but it doesn't give anyone the right to shoot him. It is only considered self defense if you had no option of getting away.
I agree that the golfer was rude, but it doesn't give anyone the right to shoot him. It is only considered self defense if you had no option of getting away.
There are signs posted that state very clearly that golfers are to not enter peoples yards or leave the course with the carts.
If I tell someone to get off my property, and they start cursing me with a gold club in thier hand, I would certainly feel threatened and be within my right to defend myself and my property.
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC013.HTM&Title=->2006->Ch0776->Section%20013#0776.013
For the record, I don't own a gun, but you'd think that these idiots would have the common sense to stop and think that the next guy might.
Anne
Not in FL, you shoot first then ask questions. Woo Hoo!![]()
Cursing with a golf club in hand, on a golf course or very near to it, would not cause a reasonable prudent person believing death or great bodily harm would ensue.
Cursing with a golf club in hand, on a golf course or very near to it, would not cause a reasonable prudent person believing death or great bodily harm would ensue.
There are signs posted that state very clearly that golfers are to not enter peoples yards or leave the course with the carts.
If I tell someone to get off my property, and they start cursing me with a gold club in thier hand, I would certainly feel threatened and be within my right to defend myself and my property.
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC013.HTM&Title=->2006->Ch0776->Section%20013#0776.013
For the record, I don't own a gun, but you'd think that these idiots would have the common sense to stop and think that the next guy might.
Anne
Anne, how about a pressure water hose? LOL you could blast him and his ball
Is this a public course? I think that kind of behavior is absolutely ridiculous. I'm sure the men golfing there wouldn't appreciate it one little bit if some stranger was trespassing on HIS lawn, but they feel it's okay to intrude on yours.![]()
Remember this: should the district attorney bring an indictment against the homeowner for using unnecessary deadly force, then said homeowner would be brought to trial (unless there is a plea bargain), and then it would be up to the jury to decide of the deadly force were justified. Expensive, and jurors can be uncertain in their collective wisdom, at best.
If a MAN was waving a golf club and cursing at me, on MY property, I would DEFINITELY fear great bodily harm.
Remember this: should the district attorney bring an indictment against the homeowner for using unnecessary deadly force, then said homeowner would be brought to trial (unless there is a plea bargain), and then it would be up to the jury to decide of the deadly force were justified. Expensive, and jurors can be uncertain in their collective wisdom, at best.
Finally, the course I played on while growing up was surrounded by houses. It was common knowledge that if your ball landed in a yard you walked into the yard, picked up your ball, walked back to the edge of the course, turned your back to the course, drop the ball over your shoulder so it landed on the course, and added one to your score.
Unless, of course, it was Old Man Mastin's yard. But, that's a different story.
Actually it would be a misdemeanor and not a felony for trespassing. Also, I believe you must have signs posted that state no trespassing. I also don't think that a golf club would be considered a deadly weapon.