Anonymous wrote:Wouldn’t the castle doctrine have applicability here?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Sounds like self defense.
Then why did the police charge her with first degree murder?
She was in my daughter's pre-K class and I hadn't thought of her for years.
DP
That's standard protocol in most places with a duty to retreat law, such as MD.Then they'll investigate, and eventually the charges will be dropped.
I absolutely guarantee that if someone entered your home and you killed them, you'd initially be charged with murder. That's the essence of a duty to retreat law - you are legally obligated to flee from an attacker. If you defend yourself, you will be charged. At least initially. Charges might be dismissed eventually if the evidence supports you, but a duty to retreat means you CANNOT defend yourself.
People are always shocked to learn this for some reason.
You are very confident spouting complete nonsense, aren't you?
"Duty to retreat" means what it says. There's no ambiguity there.
If someone invades your home, you better be able to show you were trapped there with no means of escape before you defended yourself. If they came in, and you had the means to flee from them, but didn't, and they wound up dead, guy are definitely in legal jeopardy.
Maryland is VERY specific with driving this point home. They emphasize it repeatedly in the classes you have to take before you're allowed to buy a gun. You CANNOT just kill someone if the invading your home. You MUST try and escape from them BEFORE using force.
That's the law. It isn't up to your interpretation.
That is true, but 1st degree means with pre meditation or planning. If someone broke in, as you said, you’d be charged with 2nd degree, or possibly manslaughter. Your example of someone breaking in and a person defending themselves, then getting charged with 1st degree murder, is complete nonsense, as already pointed out.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Sounds like self defense.
Then why did the police charge her with first degree murder?
She was in my daughter's pre-K class and I hadn't thought of her for years.
DP
That's standard protocol in most places with a duty to retreat law, such as MD.Then they'll investigate, and eventually the charges will be dropped.
I absolutely guarantee that if someone entered your home and you killed them, you'd initially be charged with murder. That's the essence of a duty to retreat law - you are legally obligated to flee from an attacker. If you defend yourself, you will be charged. At least initially. Charges might be dismissed eventually if the evidence supports you, but a duty to retreat means you CANNOT defend yourself.
People are always shocked to learn this for some reason.
You are very confident spouting complete nonsense, aren't you?
"Duty to retreat" means what it says. There's no ambiguity there.
If someone invades your home, you better be able to show you were trapped there with no means of escape before you defended yourself. If they came in, and you had the means to flee from them, but didn't, and they wound up dead, guy are definitely in legal jeopardy.
Maryland is VERY specific with driving this point home. They emphasize it repeatedly in the classes you have to take before you're allowed to buy a gun. You CANNOT just kill someone if the invading your home. You MUST try and escape from them BEFORE using force.
That's the law. It isn't up to your interpretation.
" border="0" class="embeddedImage" />Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Sounds like self defense.
Then why did the police charge her with first degree murder?
She was in my daughter's pre-K class and I hadn't thought of her for years.
DP
That's standard protocol in most places with a duty to retreat law, such as MD.Then they'll investigate, and eventually the charges will be dropped.
I absolutely guarantee that if someone entered your home and you killed them, you'd initially be charged with murder. That's the essence of a duty to retreat law - you are legally obligated to flee from an attacker. If you defend yourself, you will be charged. At least initially. Charges might be dismissed eventually if the evidence supports you, but a duty to retreat means you CANNOT defend yourself.
People are always shocked to learn this for some reason.
You are very confident spouting complete nonsense, aren't you?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Sounds like self defense.
Then why did the police charge her with first degree murder?
She was in my daughter's pre-K class and I hadn't thought of her for years.
DP
That's standard protocol in most places with a duty to retreat law, such as MD.Then they'll investigate, and eventually the charges will be dropped.
I absolutely guarantee that if someone entered your home and you killed them, you'd initially be charged with murder. That's the essence of a duty to retreat law - you are legally obligated to flee from an attacker. If you defend yourself, you will be charged. At least initially. Charges might be dismissed eventually if the evidence supports you, but a duty to retreat means you CANNOT defend yourself.
People are always shocked to learn this for some reason.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Sounds like self defense.
Then why did the police charge her with first degree murder?
She was in my daughter's pre-K class and I hadn't thought of her for years.
DP
That's standard protocol in most places with a duty to retreat law, such as MD.Then they'll investigate, and eventually the charges will be dropped.
I absolutely guarantee that if someone entered your home and you killed them, you'd initially be charged with murder. That's the essence of a duty to retreat law - you are legally obligated to flee from an attacker. If you defend yourself, you will be charged. At least initially. Charges might be dismissed eventually if the evidence supports you, but a duty to retreat means you CANNOT defend yourself.
People are always shocked to learn this for some reason.
Anonymous wrote:Anonymous wrote:Sounds like self defense.
Then why did the police charge her with first degree murder?
She was in my daughter's pre-K class and I hadn't thought of her for years.
Anonymous wrote:Sounds like self defense.