Defending others?

[coda80]

if you are sitting on your porch and see a violent crime taking place down the street would it be legal to take action in someone Else's defense. say your sitting there and the neighbor is being assaulted in his driveway. you go inside and call the police, come back out and the assailant has a knife and is trying to stab your neighbor. you call out to him to stop but he continues to assault him. what can you do legally.

 

[Archaic_Entity]

Whatever is necessary to eliminate the threat.

Someone else will come along with the statutes shortly.

 

[Nsw550]

Yes, interesting? Anyone here know the legalities?

 

[LPMan59]

if you are sitting on your porch and see a violent crime taking place down the street would it be legal to take action in someone Else's defense. say your sitting there and the neighbor is being assaulted in his driveway. you go inside and call the police, come back out and the assailant has a knife and is trying to stab your neighbor. you call out to him to stop but he continues to assault him. what can you do legally.

as stated, you can use deadly force. indiana statute allows the use of deadly force in defense of a 3rd party, assuming that said force is permissible by law.

IANAL, etc, etc

 

[Delmar]

if you are sitting on your porch and see a violent crime taking place down the street would it be legal to take action in someone Else's defense. say your sitting there and the neighbor is being assaulted in his driveway. you go inside and call the police, come back out and the assailant has a knife and is trying to stab your neighbor. you call out to him to stop but he continues to assault him. what can you do legally.

Do right and risk the consequences.

 

[Timjoebillybob]

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
(c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a).
(d) A person is justified in using reasonable force, including deadly force, against another person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff; and (B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after landing.
(e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
(f) Notwithstanding subsection (d), a person is not justified in using force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
Indiana Code 35-41-3

 

[451_Detonics]

This is an iffy question, what if your neighbor is a known gangbanger and drug dealer, would you still intervene?

There are circumstances I would help and circumstances I wouldn't do more than dial 911.

 

[42769vette]

This is an iffy question, what if your neighbor is a known gangbanger and drug dealer, would you still intervene?

There are circumstances I would help and circumstances I wouldn't do more than dial 911.

this

it all depends on how well i like my neighbor.

 

[Archaic_Entity]

This is an iffy question, what if your neighbor is a known gangbanger and drug dealer, would you still intervene?

There are circumstances I would help and circumstances I wouldn't do more than dial 911.

Well, if he is not currently committing an illegal act, then that does not matter. His life is threatened, and you can choose to act in his defense. Furthermore, if he is committing an illegal act and you are unaware of it, coming to his aid (such as dealing a drug, and the buyer attempts to rob him) you are justified because of this portion:
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

As the assault is unlawful, your actions--regardless of their actions--are lawful.

However, if you are aware of the illegal interactions occurring, and aid one or the other... it may possibly be argued that you are an accomplice. It would be a hard case to argue, but it's possible.

Also... IANAL, and all that stuff.

 

[GLV]

IF

A child is involved, I will intervene to protect the child, or if a member of my family is involved, I will intervene, but unless I am know my neighbor very well, I will be a good witness.

At times it can be difficult to tell the players without a scorecard.

 

[steve666]

A child is involved, I will intervene to protect the child, or if a member of my family is involved, I will intervene, but unless I am know my neighbor very well, I will be a good witness.

At times it can be difficult to tell the players without a scorecard.

Pretty much what he said, but if you are a member of my family I would still have to like you!!!

 

[Delmar]

This is an iffy question, what if your neighbor is a known gangbanger and drug dealer, would you still intervene?

There are circumstances I would help and circumstances I wouldn't do more than dial 911.

If my neighbor was a known gangbanger I would try to stay as far from the situation as possible. Could it be that, what looks like him being assaulted, is actually undercover cops taking him down? Not something I am even going to try to sort out.

 

[GLV]

Another problem in the world we live in today, is how well do you know your neighbor? I have lived in the same house for 30 years, and have had several different neighbors in that time.

Today, on one side is a retired US Marshall, who is a WWII vet, etc. Behind me is a Pastor at a local church--who carries. The other side is a very nice gentleman and his wife, who I do not know well, but would be inclined to help depending on the situation. Other than my daughter and her family, I do not know anyone living across the street.

Intervention can be dangerous, not just to your health, but also to your pocketbook. A good friend of mine wrote the best editorial on the subject that I have ever read. So good that I received permission from him to hand it out in my classes. It is titled "The Dangers in Intervention".

If you would like to read this editorial, go to Evan Marshall - Handgun Stopping Power

Click on commentary.

If you have questions, you can ask them of the author there.

GLV

 

[Delmar]

Another problem in the world we live in today, is how well do you know your neighbor? I have lived in the same house for 30 years, and have had several different neighbors in that time.

Today, on one side is a retired US Marshall, who is a WWII vet, etc. Behind me is a Pastor at a local church--who carries. The other side is a very nice gentleman and his wife, who I do not know well, but would be inclined to help depending on the situation. Other than my daughter and her family, I do not know anyone living across the street.

Intervention can be dangerous, not just to your health, but also to your pocketbook. A good friend of mine wrote the best editorial on the subject that I have ever read. So good that I received permission from him to hand it out in my classes. It is titled "The Dangers in Intervention".

If you would like to read this editorial, go to Evan Marshall - Handgun Stopping Power

Click on commentary.

If you have questions, you can ask them of the author there.

GLV

I read that article. He raises some issues that a person who arms himself should think through! Having said that I stand by what I said before. Do right and risk the consequences. I am not the author of that line, but repeat it frequently because it does bear repeating.