Quote:
Originally Posted by icehog3
While I completely support the right to defend one's home from intrusion by any means necessary, it seems to me there is more to this specific story than meets the eye.
Call me skeptical....or suspicious...but I am not taking this girl's story at face value.
|
I've heard she was on the phone for a long time and even barricaded the door. Pure rumor as I haven't read it anywhere, but who knows.
The thing I thought that was strange was the picture they showed of her husband. She's 18 and has an infant. The picture of her late husband looked to be a senior picture taken in the early 70s. That would make her husband around 50+ years old. Not illegal, but possibly given the human gestation period of 9 months.
Quote:
Originally Posted by ApexAZ
The family of the intruder will probably sue her now. In my CCW class, they said that if you need to kill someone in self defense, you should assume you'll need approximately $100,000 for litigation expenses.
Basically, don't kill someone unless you're absolutely certain you have to in order to survive.
|
First, I'm not an attorney. Second, IMO, too many CCW instructers are baselessly scaring the crap out of their pupils. My BIL instructor in Michigan told him the same thing. Both yours and his are wrong.
I found this, to refure your instructor's assertion:
http://www.azleg.gov/ArizonaRevisedS...s.asp?Title=13
Quote:
|
No person in this state shall be subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions of this chapter.
|
See 13-413 which was ammended by this (State) Senate Bill 1145
http://www.azleg.gov/legtext/47leg/2r/bills/sb1145s.pdf
Quote:
30 13-413. No civil liability for justified conduct; costs
31 A. No person in this state shall be subject to civil liability for
32 engaging in conduct otherwise justified pursuant to the provisions of this
33 chapter.
34 B. THE COURT SHALL AWARD REASONABLE ATTORNEY FEES, COSTS, COMPENSATION
35 FOR LOST INCOME AND ALL EXPENSES INCURRED BY A DEFENDANT IN THE DEFENSE OF
36 ANY CIVIL ACTION IF THE COURT FINDS THAT THE DEFENDANT IS IMMUNE FROM
37 PROSECUTION PURSUANT TO SUBSECTION A.
38 Sec. 4. Title 13, chapter 4, Arizona
|
So, while they can sue you if some whack job civil judge allows the case to be opened, you can even be compensated by the state for your attorney fees if you can prove you're immune according to the 13-413 statute.
Also, according to this link AZ has a strong castle doctrine law that extends to vehicles, hotel rooms, and includes a right to stand your ground (aka no legal requirement to flee before using lethal force).
http://askville.amazon.com/states-Ma...estId=36523919
And, this link states AZ no longer even requires a permit to carry concealed
http://en.wikipedia.org/wiki/Gun_law...state)#Arizona