Self defense rights against criminal use of a taser

[eldirector]

Well, considering a taser is indeed a Deadly Weapon in Indiana...

Ind. Code § 35-31.5-2-86. “Deadly weapon”
(a) Except as provided in subsection (b), “deadly weapon” means the following:
(1) A loaded or unloaded firearm.
(2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment,
chemical substance, or other material that in the manner it:
(A) is used;
(B) could ordinarily be used; or
(C) is intended to be used;
is readily capable of causing serious bodily injury.


And people really have been arrested for using a taser as a "deadly weapon":
https://www.indystar.com/story/news/fox59/2018/11/01/evansville-officer-stunned-own-taser-during-arrest/1851781002/

Sounds to me like this isn't really as much as a grey area as we think.

 

[Denny347]

Well, considering a taser is indeed a Deadly Weapon in Indiana...

Ind. Code § 35-31.5-2-86. “Deadly weapon”
(a) Except as provided in subsection (b), “deadly weapon” means the following:
(1) A loaded or unloaded firearm.
(2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment,
chemical substance, or other material that in the manner it:
(A) is used;
(B) could ordinarily be used; or
(C) is intended to be used;
is readily capable of causing serious bodily injury.


And people really have been arrested for using a taser as a "deadly weapon":
https://www.indystar.com/story/news...r-stunned-own-taser-during-arrest/1851781002/

Sounds to me like this isn't really as much as a grey area as we think.

I totally spaced this. Thanks.

 

[eldirector]

 

[JettaKnight]

SITUATION: I'm out and about and a criminal attempts to shoot me with a taser.

Am I legally allowed to use my carry pistol to shoot the attacker and stop the attack?
Or am I compelled by law to just let them shoot me with the taser under the theory that it's a "non lethal" weapon?

How did you make that assessment?



That probably has some determination as to the correct answer.
And aren't taser's correctly categorized as "less than lethal"?
And why did they tase you?

 

[Twangbanger]

How did you make that assessment?



That probably has some determination as to the correct answer.
And aren't taser's correctly categorized as "less than lethal"?
And why did they tase you?

1. You need to look up the word "premise."
2. You aren't reading the thread.
3. You studied the "SJW Witnessing" module too hard.

 

[DRob]

I'm hanging with "It depends" for a couple of reasons. First, when did street thugs start carrying tasers? Second is my former sigline, "What if there were no hypothetical questions?"

 

[churchmouse]

Well, considering a taser is indeed a Deadly Weapon in Indiana...

Ind. Code § 35-31.5-2-86. “Deadly weapon”
(a) Except as provided in subsection (b), “deadly weapon” means the following:
(1) A loaded or unloaded firearm.
(2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment,
chemical substance, or other material that in the manner it:
(A) is used;
(B) could ordinarily be used; or
(C) is intended to be used;
is readily capable of causing serious bodily injury.


And people really have been arrested for using a taser as a "deadly weapon":
https://www.indystar.com/story/news/fox59/2018/11/01/evansville-officer-stunned-own-taser-during-arrest/1851781002/

Sounds to me like this isn't really as much as a grey area as we think.

How did you make that assessment?



That probably has some determination as to the correct answer.
And aren't taser's correctly categorized as "less than lethal"?
And why did they tase you?

Come on Jetta. Get on page and no on this one OK.

 

[edporch]

Thanks for the feedback on this.
When I saw where that guy fought the police and stole a taser, then tried to shoot a cop in the face with it, was shot and the cop charged with murder, it got me to thinking.
A taser in the hands of a violent criminal could be used to put somebody at their mercy.
I KNOW if somebody like this pointed a taser at me and I believed he was gonna use it on me, I'd shoot.

 

[eldirector]

What this whole situation in ATL has taught me:

- there is the law as written
- there is case law
- there is "doing the right thing"

THEN
- there are people with authority that can ignore all of the above and ruin someone's life for their own personal gain, and there is nothing one can do about it. Citizens, especially those employed by our government, are simply pawns to be sacrificed as necessary. Laws and morals are interesting, but ultimately applied at the whim of "authority".

 

[HoughMade]

Good luck, Georgia, when the court has to consider this case in deciding whether to let the case go forward. Everyone, make sure your insurance is paid up:

The main difference between felony murder and malice murder is that felony murder does not require proof of malice or intent to kill… Aggravated assault has two elements: (1) commission of a simple assault as defined by OCGA § 16-5-20; and (2) the presence of one of several statutory aggravators. See OCGA § 16-5-21 (a). The statutory aggravator at issue here is the use of a deadly weapon or an “object … which, when used offensively against a person, is likely to or actually does result in serious bodily injury[.]” OCGA § 16-5-21 (a) (2)... And the trial court instructed the jury consistent with that statutory text. When properly viewed in the light most favorable to the verdicts, the evidence presented at trial and summarized above was sufficient to enable a rational jury to find that Appellant assaulted Towns with his TASER, which actually did result in serious bodily injury to Towns… Accordingly, the evidence was sufficient to support Appellant's conviction for felony murder based on aggravated assault with a deadly weapon.

Eberhart v. State, 307 Ga. 254, 261-262, 835 S.E.2d 192, 197, 2019 Ga. LEXIS 722, *14-15, 2019 WL 5655889

 

[Kirk Freeman]

Good luck, Georgia, when the court has to consider this case in deciding whether to let the case go forward. Everyone, make sure your insurance is paid up:



Eberhart v. State, 307 Ga. 254, 261-262, 835 S.E.2d 192, 197, 2019 Ga. LEXIS 722, *14-15, 2019 WL 5655889

Let's just skip to the end of this morality play. When will the Fulton County DA order guillotines to be constructed downtown Atlanta?

This is maddening. This is a wrongful prosecution and I urge the DA to reconsider.

 

[Kirk Freeman]

https://reason.com/2020/06/18/the-g...s-has-nothing-to-do-with-george-floyds-death/

 

[JettaKnight]

Come on Jetta. Get on page and no on this one OK.

You missed the point entirely.

Sigh.


A) They're probably doing something else to allow you to make the determination that they're a criminal, hence there's possibling a very real threat of bodily harm.
B) Saying a Tazer is "Non-lethal" implies that it can't be lethal - we know that sometimes it can.
C) "Why"? This isn't a drunk friend at a party saying, "Hey y'all - watch this!", (if it is that changes things). Is the person trying rob you? Abduct you? Rape you?


If you pull and shoot, those questions will have to be answered. You should be able to articulate why you thought there was a serious threat that required the use of deadly force.

 

[Bphelps100]

If someone points a taser at me with intent to do me bodily harm, you best believe they’re going to have at least 2 extra holes to breathe out of.