The Right of Self Defense Doesn't Protect You from Bad Judgment

You have the right of self defense. But using good judgment when in dangerous situations will help protect you from prosecution and ending up in prison. Below, I will discuss a case where bad judgment was used and several lives have been destroyed as a result.

I read a news story about a towing company owner who is in serious trouble with the law. The towing company had towed away a man's vehicle while the car owner was out at a club with his brothers and a friend.

The man noticed his car missing around 4:30 am. He was told by the towing company owner that his car was towed because it was parked illegally.

The car owner went to the towing lot and had a confrontation with the employees. The towing company owner pointed a gun at the man and his brothers and told them to leave. At some point the car owner got into his car and drove towards the company owner and one of his employees.

According to testimony in the court hearing, the company owner and the employee just barely got out of the way of the car. That's when the company owner pointed his gun at the car and shot once through the front passenger side of the car. The bullet hit the car owner in the chest and killed him.

The towing company owner believes he had the right of self defense under the Florida law called the stand your ground law. This law basically allows people to use deadly force when they feel threatened. It's also meant to protect people who exercise their right ofself defense from criminal prosecution and civil liability.

The key point in this law is that the towing company owner has to prove that using deadly force was necessary in order to prevent imminent use of deadly force against him. The judge in the hearing ruled that the company owner did not meet this standard.

Even though the car seemed headed toward the company owner and his employee, they moved out of the way. The car was passing the company owner when he shot at the front passenger side. There was no imminent threat to his life or others at this point. Now the man has to stand trial for second-degree murder.

The reason I'm writing about this sad case is to show how easy it is to end up in a situation like this. And the laws of self defense vary from state to state. What might be deemed unlawful in Florida could be legal in a state like Texas. That's why it's important to know your state's laws on self defense.

Even though you have the right of self defense when you feel threatened, once that threat passes, you can't use deadly force. I know that it can be hard sometimes to control your emotions in tense situations like the one described above. But, using deadly force should always be the very last resort.

There really was no reason to pull out a gun in the case of the towing company owner. Calling the police would have been the right response in this situation. Using good judgment will keep you out of deadly situations like this.