So I was just involved in a fist fightFollow

He knew what his nieces and nephews would eventually end up calling him, and he had to start early to stop that nonsense before it even got started.

As for the knife, I was standing in front of my house with it. So far as I know, legally speaking, if someone forces entry in to your house you have permission under the "Make My Day" law to escalate violence to any level in the name of self defense. I basically grabbed it because my friend was being followed down by the psycho, and I wanted to be sure that when he got here the kid wouldn't try to get inside our house. If i'd had a gun I would've used that instead. No actual threats were made on my part, I just had it there for protection, albiet in my hand.

If i'd had a gun I would've used that instead. No actual threats were made on my part, I just had it there for protection, albiet in my hand.

I witnessed an interesting altercation last night. I went out to the bars downtown to listen to some blues music with my dad and stepmother, and we decided to go home around midnight. They are both lawyers and have an office right off the square, and so we walked by there so my dad could pick up some paperwork on the way home. We were all inside, and suddenly my stepmother starts beating on the window and yelling "He's kicking her! Stop right now!" She was upset enough that my dad called 911 without even getting up to see what was going on.

My stepmother runs out the front door and my father and I follow, and there is this fraternity guy-type kicking and punching this girl, and calling her all sorts of vulgar names. The police show up almost immediately (its a classic college town, and therefore the police hang out downtown in large numbers during peak bar hours), and the guy runs off and gets chased down Cops-style. My parents get the girl calmed down and inside, and try to convince her to call her mother because they feel she needs a lawyer. My dad talks to the bouncer that witnessed more of the incident, and apparently what happened was that the girl walked into a bar, saw her boyfriend with another girl in his lap, and...bit a chunk of his ear off. This is why he was beating the crap out of her. After this was figured out, both were arrested, and the guy was taken to the emergency room. He really was missing his ear lobe.

College town drama!

(720 ILCS 5/7-1) Sec. 7-1. Use of force in defense of person.

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.

(720 ILCS 5/7-2) Sec. 7-2. Use of force in defense of dwelling.

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(a) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or

(b) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.

(720 ILCS 5/7-3) Sec. 7-3. Use of force in defense of other property.

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.

(720 ILCS 5/7-4) Sec. 7-4. Use of force by aggressor.

The justification described in the preceding Sections of this Article is not available to a person who:

(a) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(b) Initially provokes the use of force against himself, with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or

(c) Otherwise initially provokes the use of force against himself, unless:

(1) Such force is so great that he reasonably believes that he is in imminent danger of death or great bodily harm, and that he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(2) In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

Red called the police this morning when he woke up and his tooth was still loose and his lip was still split.

Blood,



Quote:
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The threat is implied. That's why most states have laws against brandishing weapons.

Just some things to keep in mind for the future.
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You pinko commy p*ssy.

I don't know what p*ssywhipped state you live in but here in TN and TX if someone comes on your property and you feel threatened you can defend yourself by any means including discharging a weapon. And no if you're on your property it's not brandishing a weapon. It's called using the second amendment to protect yourself. Now if he were to take his gun to that guys house and start shooting that's a different matter.

Achileez

I'm a criminal defense lawyer here in Houston (and yes, I'm braving out Rita at home rather than on the side of a freeway crying for gas). Unless you are in an EXTREMELY small rural county, Section 9 of the Texas Penal Code must be qualified by the fact that the state's position is prosecute first, ask questions later. You'll be indicted, and the cost of defending the case (and you very well may get off if you get a good lawyer) will likely exceed the value of the property you were trying to protect.

In other words, factor in the cost of a criminal defense attorney (hint: costs more for murder defense than agg. assault defense) when debating whether or not to use deadly force in protecting your property.

(he was a big guy, probobly some football jock