this post was submitted on 04 Sep 2026
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Fuck Cars

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[–] ArcaneSlime@lemmy.dbzer0.com 0 points 7 hours ago (1 children)

So, that attorney is actually not entirely correct. There still needs to be a threat of death or great bodily injury to meet the standard of deadly force even when "Standing Your Ground," this honestly doesn't seem to meet that standard. She would still have the right to defend herself using normal force, which is things like OC spray or regular ol' fighting, but without him presenting a deadly threat she wasn't legally allowed to respond with deadly force.

I mean, good for her that the DA neglected to bring charges, but don't try this at home, because if your DA is having a bad day you're going to jail until your court date at least.

[–] sem@piefed.blahaj.zone 0 points 2 hours ago* (last edited 2 hours ago) (1 children)

The state was not able to prove in a court of law that there was not sufficient evidence to disprove that she was afraid of death or great bodily injury in this confrontation.

We can armchair quarterback all day. Imo it is a stupid law that increases violence. But as long as they have it, it should be applied fairly.

[–] ArcaneSlime@lemmy.dbzer0.com 1 points 1 hour ago

That isn't the standard though, just "being afraid" isn't enough, you have to be "reasonably afraid." As in a jury (or in this case prosecutors in the DA's office), would believe not that you feared, but that your fear was reasonable. In most cases that means something like "he has a weapon" or "multiple attackers," even threats would have to be more specifically death threats than "I'll fuck you up" or some such nonsense.

In this case, the DA's office was feeling lenient today, tomorrow with an identical case they may not be, you go ahead and try it if you want lol won't be me in prison. Hell, maybe you'll get away with it too, good luck!