Boss's Car Broken Into - "I coulda' shot him"

[RedhorseG20]

What if you yell, "it's coming right for us"? Kinda like in the Southpark episode when he yells that at the bunnny rabbit. Does it make it legal then?

 

[RedhorseG20]

And in all seriousness, tin foil hats off, be careful what you guys write. It lasts forever on the internet and could be used against you if you are involved in a questionable shooting.

Well in that case I love fake boobies!

 

[spanky]

If they're real enough to feel, they're real enough for me.

 

[dawg23]

You couldn't shoot him? I was more or less believing that you can legally shoot a burglar. Car is an extension of your home so I would imagine it to be the same way as it would if a guy was in your home? I still need to take my CCW class, though.

Your car is indeed an extension of your home. But in Louisiana, in neither case (car or home) are you allowed to use deadly force to protect property. In both venues you are allowed to use deadly force to protect yourself or another person against an aggressor who has expressed the intent (and has the ability and opportunity) to kill you or cause you great bodily harm.

Pangris is correct in his comments about legal fees, use deadly force as last resort, etc. But his comments pertain primarily to potential civil suits. You are also criminally liable (think Angola) if you use deadly force in a situation not allowed by our statutes.

Speedracer brings up an interesting anomaly. There was a case in New Orleans some years ago where a jury refused to convict a man who shot a dude who was breaking into his car. Sometimes a jury will ignore the law (think O.J. Simpson) or decide "He just needed killing." I don't want to rely on the good graces of 12 of my "peers."

Bottom line:

1.You can, in Louisiana, legally use deadly force to protect people.

2. You cannot, in Louisiana, legally use deadly force to protect property. (You could, however, move to Texas.......it's legal over there).

 

[dawg23]

I don't have any hard data in front of me. Most people use a minimum "ballpark" figure of a Suburban.

I specifically recall a case where the son of a client was involved in a shooting/wrongful death claim in Livingston Parish 25 years ago. I was told by the boy's father that Lewis Unglesby (sp?), a top defense attorney, required a retainer of $50,000 to take the case.

A good investment adviser could probably adjust that number for inflation.

Of course nobody has to pick the "best" defense attorney. Just like we don't have to pick the "best" heart surgeon when we need a transplant. But most of us will pay whatever it takes to get the best care that we can afford.

I'll do some looking...........but for now I'd assume the cost is closer to a 40' Winnebago than it is to a Suburban.

Clearly the cost will be influenced by the circumstances of the case (wrongful death or disabling of a brain surgeon will likely cost far more than the wrongful death of an unemployed laborer), the tenacity of the plaintiff and the caliber of his attorney.

 

[aroundlsu]

I don't think the George Temple shooting can qualify as your average self defense shooting. As we all know, there were extenuating circumstances involved and then the media/NAACP jumped on it.

I know for a fact it won't cost me $50,000 because I don't have the money. I guess if they take small monthly installments for the rest of my life I might be able to cover it.

If the shooting is "average" and obviously self-defense it would only require a lawyer to represent you while giving your statement to the police. How much would that cost?

My CCW instructor recommended a lawyer out of New Orleans for self defense representation and his number is taped to the back of my permit. We talked briefly last year and said no retainer was required but didn't give any other numbers. I can ask him to help in our quest for answers.

 

[babietuan323]

Bottom line:

1.You can, in Louisiana, legally use deadly force to protect people.

2. You cannot, in Louisiana, legally use deadly force to protect property. (You could, however, move to Texas.......it's legal over there).

joe horn ftw

 

[mcinfantry]

fyi perry stephens, and brpd, and brian harrison ARE being sued civilly. the law was written after their incident.

 

[optiic]

I always find it funny that people think were "gun nuts" until something bad happens to them and then its all "I want a gun!", "I would have killed that SOB"!. People just can't make the logical jump to us "gun people" just understand that its important to be prepared. Why wait until something bad happens to want to arm yourself?

It never fails....

 

[Pacioli]

You couldn't shoot him? I was more or less believing that you can legally shoot a burglar. Car is an extension of your home so I would imagine it to be the same way as it would if a guy was in your home? I still need to take my CCW class, though.

Hey NOLACOP, batter up!

 

[flamatrix99]

Yeah, well sometimes you want to break the law.

Damn!!!!!

Sometimes I have to keep reminding myself that I have a 15 yo daughter and a 14 yo step-daughter.. Thank god they dont look like that!!!

 

[George]

fyi perry stephens, and brpd, and brian harrison ARE being sued civilly. the law was written after their incident.

lee from what i've heard on the 6th floor NO Attorney wants to touch that Civil suit.

 

[flamatrix99]

I think we can all agree on that point... I love real ones as well...

boobies is boobies... They are all good to play with!

 

[mcinfantry]

lee from what i've heard on the 6th floor NO Attorney wants to touch that Civil suit.

there will ALWAYS be an atty willing to try. i asked someone the other day and said it hasnt been "dropped"

i believe in perry stephens. i am saddened by what he has gone through.

 

[Nolacopusmc]

Hey NOLACOP, batter up!

How in the hell are you gonna call me out when you got 10 posts? NOOB.

LOL. I am done trying to argue legalities. People believe what they want wether its true or not.

 

[XD-GEM]

I remember a case in New Orleans right after they passed the "shoot the carjacker" law. Some guy heard his car being broken into one night in his parking lot. He got his handgun and fired at the crook from the BALCONY of his apartment - 30-35 yards away. Killed him; got charged with murder; eventually got manslaughter with probation and had to give up guns for life.

BTW, If I were charged and were innocent, I'd want Unglesby, too. If I were guilty, I'd want Nathan Fischer, if he's still around - but I couldn't afford either of them.

 

[mcinfantry]

I remember a case in New Orleans right after they passed the "shoot the carjacker" law. Some guy heard his car being broken into one night in his parking lot. He got his handgun and fired at the crook from the BALCONY of his apartment - 30-35 yards away. Killed him; got charged with murder; eventually got manslaughter with probation and had to give up guns for life.

BTW, If I were charged and were innocent, I'd want Unglesby, too. If I were guilty, I'd want Nathan Fischer, if he's still around - but I couldn't afford either of them.

i ran across unglesby's kids

 

[Mr_Willson]

um...

 

[mcinfantry]

id just blast em using an 870 with bean bag loads,and drag him off while he is writhing in pain and drive him miles away and just leave him there,a little excessive I know,but funny and he deserves no less if he broke my damn window

that brings a tear to my eye, and a smile to my face. REAL, NO HOLDS BARRED I-TOUGHMAN!

hell yeah. do it! then come on here and whine!

take your second degree kidnapping charge! you will do more time than he would as a burglar!

§34. Aggravated battery

Aggravated battery is a battery committed with a dangerous weapon.

Whoever commits an aggravated battery shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both.

Acts 1978, No. 394, §1. Amended by Acts 1980, No. 708, §1.

§44.1. Second degree kidnapping

A. Second degree kidnapping is the doing of any of the acts listed in Subsection B wherein the victim is:

(1) Used as a shield or hostage;

(2) Used to facilitate the commission of a felony or the flight after an attempt to commit or the commission of a felony;

(3) Physically injured or sexually abused;

(4) Imprisoned or kidnapped for seventy-two or more hours, except as provided in R.S. 14:45(A)(4) or (5); or

(5) Imprisoned or kidnapped when the offender is armed with a dangerous weapon or leads the victim to reasonably believe he is armed with a dangerous weapon.

B. For purposes of this Section, kidnapping is:

(1) The forcible seizing and carrying of any person from one place to another; or

(2) The enticing or persuading of any person to go from one place to another; or

(3) The imprisoning or forcible secreting of any person.

C. Whoever commits the crime of second degree kidnapping shall be imprisoned at hard labor for not less than five nor more than forty years. At least two years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence.

 

[flamatrix99]

that brings a tear to my eye, and a smile to my face. REAL, NO HOLDS BARRED I-TOUGHMAN!

hell yeah. do it! then come on here and whine!

take your second degree kidnapping charge! you will do more time than he would as a burglar!

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