Awesome.
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
Is this A&B charge a felony? No, I don't expect that the "victim" will be convicted -- he'll get a plea to a misdemeanor if that.
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Man prosecuted for defending himself in MA - Article
- Thread starter Bob P
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Is this A&B charge a felony? No, I don't expect that the "victim" will be convicted -- he'll get a plea to a misdemeanor if that.
Bad idea, unfortunately. Keep the door closed and locked. MA is a retreat state when you are outside of your home.
100% agree - Flaherty is claiming McDevitt opened the door, McDevitt is claiming Flaherty did it - it'll be he said/she said in court. You've absolutly got reasonable doubt with Flaherty - no way they can prove intent with Flaherty claiming McDevitt opened the door - unfortunatly he'll spend a lot of cake to get there.
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If so, it would be a lifetime MA disqualifier as a "violent misdemeanor". The real risk is a system that rarely admits it's wrong and always insists on some sort of plea so the ADA can score a win. The real question is "does the defendant have the money, intestinal fortitude, tolerance for risk and money(*) to defend himself rather than cop a plea?
* - Yes, I know I mentioned money twice
J
Jose
Considering what is at stake, I'd have to go broke fighting it.If so, it would be a lifetime MA disqualifier as a "violent misdemeanor". The real risk is a system that rarely admits it's wrong and always insists on some sort of plea so the ADA can score a win. The real question is "does the defendant have the money, intestinal fortitude, tolerance for risk and money(*) to defend himself rather than cop a plea?
* - Yes, I know I mentioned money twice
Thank God the laws of my state make this mostly a non-issue as it extends castle law (no duty to retreat and presumption of lawful self defense when applying force to an intruder) to motor vehicles.
Wouldn't a felony conviction result in the disbarment of the attorney?
We don't know that he had a gun.
Lawyers learn to lie (and/or "stretch the truth") as part of their training.
They also golf with the judges.
The deck is always stacked FOR the attorney accused of any wrong-doing.
I've learned some of this the hard way.
- Hired by an attorney to assess his computer equipment w/ intent to cheat provider out of several thousand $$. He withheld critical info from me in my making that assessment and then asked if I would testify in court (answer: NO! told him to use my report).
- Did computer work for several years for a lawfirm. He lied to me about payment, stiffed me for ~$4500.00 and then wrote me that I should forgive the debt and we should "remain friends" (he wasn't a friend before and he certainly wasn't afterwards)!
- My business attorney in Boston (someone I do trust) admonished me that I should never do any work for attorneys that isn't pre-paid, that they know how to bend the system to screw people. He said that if I pursued the above in court, I'd end up paying him all of what I collected from the slime-bag. I also know that the slime-bag attorney lived in the same development with several judges and golfed with them as well, so the odds in court would not be in my favor.
- In the Constable biz I think that I'm now up to 3 attorneys in MA that I've had to threaten with the filing of a formal complaint with the Board of Bar Overseers in order to get paid for work done. I am told that the Board of Bar Overseers takes a very dim view of attorneys stiffing those that serve process for them, but to date the threat has worked and I've never had to follow-thru (which I would have done without hesitation).
They also golf with the judges.
The deck is always stacked FOR the attorney accused of any wrong-doing.
I've learned some of this the hard way.
- Hired by an attorney to assess his computer equipment w/ intent to cheat provider out of several thousand $$. He withheld critical info from me in my making that assessment and then asked if I would testify in court (answer: NO! told him to use my report).
- Did computer work for several years for a lawfirm. He lied to me about payment, stiffed me for ~$4500.00 and then wrote me that I should forgive the debt and we should "remain friends" (he wasn't a friend before and he certainly wasn't afterwards)!
- My business attorney in Boston (someone I do trust) admonished me that I should never do any work for attorneys that isn't pre-paid, that they know how to bend the system to screw people. He said that if I pursued the above in court, I'd end up paying him all of what I collected from the slime-bag. I also know that the slime-bag attorney lived in the same development with several judges and golfed with them as well, so the odds in court would not be in my favor.
- In the Constable biz I think that I'm now up to 3 attorneys in MA that I've had to threaten with the filing of a formal complaint with the Board of Bar Overseers in order to get paid for work done. I am told that the Board of Bar Overseers takes a very dim view of attorneys stiffing those that serve process for them, but to date the threat has worked and I've never had to follow-thru (which I would have done without hesitation).
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I was referring to the stabber, not the stabbee.
1) Drive away if not blocked in. 2) If blocked in, keep the doors locked, the windows rolled up, and don't get out. If all the guy is doing is screaming at your window, let him scream while you dial 911. If he's got a knife or gun or club, then all bets are off.
Since this guy got out of his car, the police and/or DA are probably saying that it was mutual combat, rather than self defense.
Maybe I'm mixed up, but I thought the stabbee was the one charged with A&B on a person over 60.
Read the article. He didn't get out of his car and he claims the other guy (stabee) opened his door, started hitting him and attempted to pull him out of his car. The stabbing took place INSIDE the car. About the only think I can fault the guy for (possibly) is not having his door locked. I've BEEN in road rage situations where the guy got out and came to me. I STAYED in the car and he walked away. Happy ending. What if he haddn't? What if he had broken my window?
When someone gets out of their vehicle, comes to your car, opens your door - and you're blocked by traffic - tell me if you're trapped or not.
No, read the new articles. The stabbee was charge with A&B on a person over 60 TODAY based on the Staber's testimoney of self defense. Stabee - unrelated to the accident - got out of his car, came to stabber's car, pounded on windows and then allegedley opened door (stabee claims stabber opened door) Next stabee leans into car and starts punching stabber. Stabber then cuts stabee in the arm with pocket knife. Whole thing occurrs with stabber INSIDE his veh. witness was the driver of the other car in the accident. Articles imply witness is unsure who opened the door but confirms that stabee began punching stabber while stabber was inside his own car.
The biggest problem we have in MA is how many of our legislators are lawyers who make a killing off of cases like this. Even in cases that go to trial and are ruled self defense, it costs the victim tens of thousands of dollars in lawyer fees to fight the bullsh*t charges against them. People would be up in arms if Republicans made all sorts of laws that destroy justice and embezzle money out of the citizens for their respective businesses, but when the Democrats do it, it's no big deal. So the victim will end up paying tens of thousands of dollars in lawyer fees.
Remember, nearly every Democrat legislator is a lawyer. On the other hand, most Republican legislators hold or previously held a non-lawyer, private sector job. This is true nation-wide.
Remember, nearly every Democrat legislator is a lawyer. On the other hand, most Republican legislators hold or previously held a non-lawyer, private sector job. This is true nation-wide.
Flarhety, the stabber, is 62 years old and has a heart condition. The stabee was an uninvolved third party of an accident Flarhety had just been involved in. The stabee opened Flahrety's car door and started punching him.
The question is whether or not Flarhety had justifiable fear of mortal harm.
I think he did.
This looks more like a carjacking to me.
The question is whether or not Flarhety had justifiable fear of mortal harm.
I think he did.
This looks more like a carjacking to me.
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Bob P,
I wrote:
Then you posted:
Isn't that what I said? The stabbee was charged with A&B on a person over 60.
I wrote:
Then you posted:
Isn't that what I said? The stabbee was charged with A&B on a person over 60.
Yup, keep the door locked.
Then drive away if you can. Jump the curb. Hit his car and push it out of the way. If none of those are possible, you are in for a fight. Yes, it sucks.
That depends. Can you jump the curb?
No problem.
OK, I'll play devils advocate. So the road rager comes up to your window, intent on just screaming at you. You have your gun in the open. He sees your gun, high tails it back to his car, and calls the police to say you threatened him with your gun...
nothing, there is no such thing as OC in MA. It's not implicitly stated to be illegal, but doing it even in a non-threatening manner (wearing your gun on your belt while you shop) will likely land you in hot water and get your gun license pulled. Having your gun visible while somebody is stomping towards your car to cuss you out pretty much turns them into the victim. In fact, I think it was just a year ago where someone exposed their gun in Plymouth during a road rage incident and landed in got in trouble.
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There is. http://www.comm2a.org/ We are working with two criminal defendants in cases around the state from early on in their cases. The more we can spread the word the more we can pick up. The more revenue we have the more we can do for these folks. We have already been able to keep a few people from getting charged at all which is a win for them. It isn't a direct win for all of MA gun owners but if we can keep up the pressure we may be able to start to cause PDs to think twice about filing specious charges. Defensive (ie; criminal) cases are by no means our focus, but they are a means to fix some problems here that only the legislature or an appeal of criminal charges can fix.
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Another reason why I smile every day when I cross over the border back into NH.
Can YOU jump a curve while someone is wailing on you?
1) My door will be locked.
2) It is hard to break the glass on cars, so hopefully it won't break with his first attempt.
3) As soon as he starts trying to break the glass, I'm going to try to leave if I can.
4) I drive a 4Runner. I can jump curbs.
5) If someone is hitting me and I'm in my car, I'm not going to just sit there in my 4800 lb missile -- I'm going to start moving.
There are no good options in this type of situation, and while I dislike our laws, I will get out of dodge if I can.
The law in MA (and in most states) is that before you use deadly force, you must retreat if possible. So I will try to retreat if possible.
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