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frankie109 t1_is8zqfe wrote

Reply to comment by SnooCauliflowers5742 in Two Florida men charged with attempted murder after two children shot during road rage incident by DragonWriterDB

I hope they get 25 years w/o parole. Stupid people endangering children and their own lives don't deserve freedom.

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KenTheAlbino t1_is9rggf wrote

If you are convicted of shooting someone in Florida- the mandatory minimum is 25 years. And Florida doesn’t have parole.

BUT- because of the way Florida’s self defense statutes are written- there is a very good chance one or even both of them will be acquitted.

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Logistocrate t1_is9w8fw wrote

First shooter may have fucked himself though, arrest affidavit states he "was just trying to get out of the situation" and thought he had shot a tire, or the rear of the other vehicle after a water bottle was thrown at him. Those aren't the actions/statements of someone in immediate fear for their life.

Second driver has a better chance even though he returned fire at a vehicle that was fleeing the scene. Im hoping that since two kids were shot a jury will find these fucks guilty, but sadly, given what l said to open, with it being Florida you are probably correct and they could both skate to do this shit again some day.

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KenTheAlbino t1_is9wqyx wrote

Here is the wild thing- driver one doesn’t need to be in fear for his life in this situation; it is justifiable in Florida to use deadly force against someone who is committing a forcible felony against you. By the letter of the law- throwing an object from a moving vehicle could- and most likely would be considered a forcible felony.

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Logistocrate t1_is9x5x5 wrote

Holy shit...I had heard it was somewhat loose down there, but that's just fucking nuts! I wonder how many incidents like this don't make the news because no kids got hit? Not that I had any intention of visiting Florida, but now l know to avoid at all costs.

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KenTheAlbino t1_is9xn9k wrote

I practice criminal defense in a medium sized central Florida county. This is sadly not out of the ordinary nor shocking to me.

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DarkWasp14 t1_isa3b33 wrote

I would never feel safe living in a country where you can be justifiably murdered for throwing a water bottle. That’s outrageous.

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KenTheAlbino t1_isa4nef wrote

It is outrageous but I understand why the law is written the way it is in a vacuum; when thrown from a moving vehicle- anything rigid could potentially cause serious injury or death. You get smoked by a full water bottle in the head from a car doing 60 mph? You most likely are going to be severely injured. It when applied to this case it does seem absurd- but that is how the law around “throwing a deadly missile” is written.

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Logistocrate t1_is9y4lc wrote

Damn dude... yeah, you'd definitely be a SME in that area, if you think odds are they skate, then l'm entirely inclined to accept that.

Stay safe man. And thanks for doing what you do.

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Darkalice1 t1_isbz7xx wrote

It looks like the act of throwing the water bottle could be charged as a second-degree felony in Florida. The term for this act is Throwing a deadly Missile. Florida statute (Sect. 790.19)

Edit oh I see lower down you already commented this. I just wanted to point it out like a fun fact cause I love that the law calls it a missile

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KenTheAlbino t1_iscfto7 wrote

Yep you got the correct one! And then you couple that with the forcible felony definition found in 776.08 and you have your legal defense.

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Jim_from_GA t1_isbe5bo wrote

So does "Drive Your Ground" work the same way as "Stand Your Ground?"

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