You guys are the same ****tards that don't understand what alleged 'stand your ground' means!
It means the state must prove you assaulted someone not in self-defense! Florida is one of them.
All other states are ones that always assume, by default, you assaulted someone and you, the defendent, are arrested and then you go to trial and you must prove you were acting in self-defense (or defense of others)!
It's really that simple. Find me a ****ing lawyer that disagrees! This is even worse in states with 'mandatory prosecutions.' That's why governors of 'mandatory prosecutions' often have to 'pardon' or at least 'threatened to pardon.'
This is over and over on different California legal sites ...
He violated Penal Code 245(a)(2) and the onus is on him to prove self-defense. This is why many of us are pissed. Biden literally ignored the fact that California is 'self-defense must be proven in trial' state.
Here's another ...
In any case ... whether he brought it or wrestled it away, he used the gun and pointed it ... which is always assault in California, but continues to prove ... only a good guy with a gun can stop a bad guy with a gun.
SIDE NOTE: Credit goes to New York Mayor Eric Adams ... a rare Democrat who actually sticks up for self-defense after people are arrested and charged.
It means the state must prove you assaulted someone not in self-defense! Florida is one of them.
All other states are ones that always assume, by default, you assaulted someone and you, the defendent, are arrested and then you go to trial and you must prove you were acting in self-defense (or defense of others)!
It's really that simple. Find me a ****ing lawyer that disagrees! This is even worse in states with 'mandatory prosecutions.' That's why governors of 'mandatory prosecutions' often have to 'pardon' or at least 'threatened to pardon.'
This is over and over on different California legal sites ...
'Penal Code 245(a)(2)
Under Penal Code 245(a)(2) PC, California law defines assault with a firearm ... The assault may take the form of:
- pointing the firearm at the victim
...
Legal Defenses to Penal Code 245(a)(2)
You can be convicted of California assault with a firearm—and face the hefty penalties above—even if you did not injure anyone. In fact, you can be convicted under PC 245(a)(2) even if you didn’t touch or otherwise make physical contact with your victim.
This is the major difference between assault crimes, including assault with a firearm, and the Penal Code 242 PC (battery).
The elements of self-defense need to be presented and proved by the defendant at trial.
- You acted in self-defense or defense of someone else;
- ...'
He violated Penal Code 245(a)(2) and the onus is on him to prove self-defense. This is why many of us are pissed. Biden literally ignored the fact that California is 'self-defense must be proven in trial' state.
Here's another ...
'Q: Can I Be Arrested For Self Defense?
California law allows you to claim self-defense when charged with assault on another.
Q: So ... I be arrested for self-defense?
Yes. And you have to prove your case and fight for your freedom.'
In any case ... whether he brought it or wrestled it away, he used the gun and pointed it ... which is always assault in California, but continues to prove ... only a good guy with a gun can stop a bad guy with a gun.
SIDE NOTE: Credit goes to New York Mayor Eric Adams ... a rare Democrat who actually sticks up for self-defense after people are arrested and charged.
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