I just looking through the eyes of our felony screeners at the prosecutors office. I doubt they would file charges of attempted car jacking. They will require more action on the part of the suspect before they file charges. If our prosecutors office is not likely to file, you don't think a grand jury isn't going to hang you out to dry? You would be amazed at the stuff they never gets filed. I've made more than one great felony arrest that the screener would not file...it's frustrating. Sure you MAY be within the law but if the prosecutor decides that no charges would be filed, you are left unprotected by the law. Not a great place to be. I've gotten a feel for how cases get screened so I avoid making arrests that I know won't get filed even if it fits within the law. If this drunk wanabe carjacker does nothing more than talk, the charges will not stick. I can arrest him for PI and that will probably be about it.Yes, from a legal standpoint he absolutely has attempted to unlawfully enter your vehicle. See the carjacking statute I cited previously. Attempted entry does not have to be by physical force, it can be by threat, fear or coercion. Are you really questioning that he wants inside your vehicle? Are you really questioning that his means are unlawful? Consider this: I walk into a bank, pull a gun and demand that they let me into the vault. Am I attempting to enter the vault; OF COURSE I AM! Just because I'm not dynamiting it does not mean I'm not trying to gain unlawful access. The hypo given by gunlawyer is legally no different.
When the statute says: There is no duty to retreat; it mean there is no duty to retreat. Just because you can flee, makes no difference as to the necessity of using legal force in this circumstance. Look at it this way: if you were required to flee if possible rather than use deadly force, you would have a duty to retreat, would you not?
Joe