Hello all,
I have a question regarding a situation and how the law would apply. This stems from an encounter I had some time ago in Boston...
Basically, I understand the use of lethal force requires imminent and immediate mortal danger or threat of serious bodily injury (I am summarizing here).
I had a situation while traveling on the T with my wife and daughter some time ago. I happened to be carrying a very expensive camera, and I was taking pictures while waiting for the train. Whilst doing so, two thugs come up behind me and intentionally startle me. I laughed it off and they kept walking, but I could tell they were "in a mood and up to no good." I told my wife to be wary of these guys. I noticed them looking at us and talking. At one point, while we are moving on the train, one of them gets up and moves past us to the door just beyond us. I get the feeling they are trying to surround us so when we get off the train one will be in front and one behind us - not a good situation.
To make a long story short, when we started to disembark the train, I was able to maneuver us out of any immediate threat by using the crowd. However, I was very concerned they were going to come at me in what was a very large and empty late-night parking lot. At one point, I saw them looking back to find us. I knew they were contemplating something.
They never did come at us, but I am curious what my options would have been if they did. If they confronted me and my family in order to take our stuff and obviously use the threat of kicking my ass to do so, am I justified in drawing my weapon if there is no avenue for escape? In other words, would their unprovoked threat of attack and robbery be reason enough to justify drawing a gun and telling them to GTFO. Does one actually have to be physically assaulted to take such measures? Furthermore, if I had drawn my weapon and they proceeded to attack me or the family physically, is that considered justification for lethal force assuming I did not start any altercation or provoke them? Would the situation be any different if it was just me with my wife and daughter?
Sorry for the lengthy story...your thoughts would be appreciated.
I have a question regarding a situation and how the law would apply. This stems from an encounter I had some time ago in Boston...
Basically, I understand the use of lethal force requires imminent and immediate mortal danger or threat of serious bodily injury (I am summarizing here).
I had a situation while traveling on the T with my wife and daughter some time ago. I happened to be carrying a very expensive camera, and I was taking pictures while waiting for the train. Whilst doing so, two thugs come up behind me and intentionally startle me. I laughed it off and they kept walking, but I could tell they were "in a mood and up to no good." I told my wife to be wary of these guys. I noticed them looking at us and talking. At one point, while we are moving on the train, one of them gets up and moves past us to the door just beyond us. I get the feeling they are trying to surround us so when we get off the train one will be in front and one behind us - not a good situation.
To make a long story short, when we started to disembark the train, I was able to maneuver us out of any immediate threat by using the crowd. However, I was very concerned they were going to come at me in what was a very large and empty late-night parking lot. At one point, I saw them looking back to find us. I knew they were contemplating something.
They never did come at us, but I am curious what my options would have been if they did. If they confronted me and my family in order to take our stuff and obviously use the threat of kicking my ass to do so, am I justified in drawing my weapon if there is no avenue for escape? In other words, would their unprovoked threat of attack and robbery be reason enough to justify drawing a gun and telling them to GTFO. Does one actually have to be physically assaulted to take such measures? Furthermore, if I had drawn my weapon and they proceeded to attack me or the family physically, is that considered justification for lethal force assuming I did not start any altercation or provoke them? Would the situation be any different if it was just me with my wife and daughter?
Sorry for the lengthy story...your thoughts would be appreciated.