I think with this starting as an aggravated robbery, the combination of 9.41 and 9.42, even the guy running away (9.42 B) doesn't seem to be a problem for a defense although I don't think it's worth all the baggage that comes with it for some money out of an ATM. Of course none of this is going to be a defense against manslaughter of the girl.Paladin wrote: ↑Wed Feb 16, 2022 3:14 pmRobbery isn't complete until the robber gets away with the property and an robber armed with a firearm is still dangerous at a distance.Ruark wrote: ↑Wed Feb 16, 2022 12:42 pm Right... you should not shoot at an assailant running away, BUT.... the law says you can use deadly force to stop an armed robbery, and to prevent "theft in the nightime" "when the property can not be recovered by any other means." I'm not sure that this precludes shooting at an armed robber running off with your property... thoughts?
That said, from what we know it sounds foolish to discharge your weapon in a busy public area without proper marksmanship skills.
9.42.....
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.