John Silva, owner of John's Variety on 4th St. North in St. Petersburg, didn't sit around and give two masked robbers what they wanted. Instead, he picked up his .380 gun and started firing. In fact, he followed the robbers out of the store and fired three rounds at them. When police were asked if he might face gun charges, they responded "Probably not." However, he's probably lucky since he actually pursued the assailants and fired shots down a public street. If he'd hit an innocent bystander, he may have been looking at a different scenario.
However, Florida's Castle Doctrine allows such action. The Castle Doctrine provides for three things: 1)It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person. 2)It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. 3)It provides that persons using force authorized by law shall not be prosecuted for using such force. It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.
The Legislature as well as public opinion is decidedly siding with the victim of crime, even if it's a "Dirty Harry" scenario.
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