Do I need a less-than-lethal weapon in my home?

[summer44]

Agreed. It's just that often I hear people talk about being "In fear for my life" as supposed justification for the use of deadly force. What they don't understand is that the legal system doesn't give a rat's ass what their emotional state was. All it cares about is whether their actions were reasonable or not.

yo

The law as it is written,
16-3-21. Justifiable use of deadly force.


(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other´s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony

 

[GAGunguy]

If someone breaks into the house, wont leave, but you determine they arent a threat? Call the cops.

 

[Plinker66]

"reasonably believes that such [deadly] force is necessary..." being the two key words

 

[Ken Ford]

An axe is always going to be a deadly weapon, just like a gun, even if you can choose to spare the intruder's life by not using it at all, or just chopping off one leg (just like you could shoot to wound in his leg).

This thread is about non lethal weapons, right?

So pick something that you can use when you aren't facing a burglar who intends to steal stuff from your home, and you're NOT dealing with an intruder who intends to attack you, and this guy is also NOT going to commit any other felony in your home. He's just crazy, or drunk, or an elderly dementia patient, or has a bad urinary tract infection and is hallucinating, or has taken some mind altering drugs and thinks your home is a motel and you're the desk clerk...

Pick something that is not a deadly weapon, and is considered just regular force, not deadly force.
Something on par with using your own hands and feet to repel the intruder, or bodily pick him up and throw him out of your house.

P.S. When I was a prosecutor, we had one of these cases. We ended up doing a plea bargain to a misdemeanor, rather than burglary, because the guy was too drunk (and crazy; he had lots of mental issues) for us to prove intent to steal, fight, or do anything other than lie down on the couch and sleep it off.

Also depends on how the weapon is used.
A heavy salt shaker used to repeatedly strike someone in the head becomes deadly force. That's why there is wording like, could be used to, in a manner, or likely to cause etc.
hell I always carted a steel pen as a last resort weapon that if I employed it would be considered a deadly weapon depending how I used it. As a muscle control type weapon it would be less lethal, as a sharp point weapon it's deadly force.
Tazer used properly is less than lethal, but abused can become lethal.

I have always been fascinated with improvised deadly weapons. Not hard to imagine how a plastic picnic knife can be used to swing a fight in my direction.

Hands and feet by a master or even a person with a mediocrity of training can be deadly force, if employed correctly and have been prosecuted and sentenced as such.
So much depends on intent and context, no perfect answer, depends on articulation and context.

 

[kuduman]

I once was asked the stupid question at the checkin counter "Do you have anything in your luggage that could be used as a weapon?". I answered "everything within arms reach of me can be used as a weapon if need be".

SSSS.

: )

 

[Bypass]

Just call the police in a situation like that. Maybe offer the guy another beer.

Get it. Beer so he will pass out lol. There is your less than lethal weapon.

 

[Bear44]

yo

The law as it is written,
16-3-21. Justifiable use of deadly force.


(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other´s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony

Just to point out one of the most important words in this law. It's the one that is used to determine if deadly force was justified. If others disagree that your actions were reasonable, you're screwed.

 

[jeep78]

Just to point out one of the most important words in this law. It's the one that is used to determine if deadly force was justified. If others disagree that your actions were reasonable, you're screwed.

You have the RIGHT to remain silent. Do not willingly throw your rights away.

 

[JWC]

Hypothetical situations. If a drunk wanders in through an open door, and it is obvious that the drunk poses no threat, call the police, however I will protect my family until the police arrive. But, if a drunk, who means no harm, breaks a locked door and enters the room, then the drunk is in real danger. How do I know that he means no harm? How do I know he is just drunk? I would have no way to determine his intentions. I would feel very threatened in that hypothetical situation. Wouldn't you?

 

[Radar363]

Hypothetical situations. If a drunk wanders in through an open door, and it is obvious that the drunk poses no threat, call the police, however I will protect my family until the police arrive. But, if a drunk, who means no harm, breaks a locked door and enters the room, then the drunk is in real danger. How do I know that he means no harm? How do I know he is just drunk? I would have no way to determine his intentions. I would feel very threatened in that hypothetical situation. Wouldn't you?

I live in Clayton County...my door is never unlocked so anyone who comes in 'by mistake' has already used force to kick in the door.
I find that threatening, yes I do.