Comment on A postal worker in Harlem attacked a trans woman. She fought back and fatally stabbed him in self-defense. This is how the NY Post framed it.

• RowRowRowYourBot@sh.itjust.works ⁨3⁩ ⁨weeks⁩ ago

  Go ask a criminal attorney if there’s a self defense claim when you murder an unarmed person. In this case the transwoman was the larger person in the conflict so even if that coukd be a factor it is not one in this case

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  • rc__buggy@sh.itjust.works ⁨3⁩ ⁨weeks⁩ ago

    But you’re making absolute statements and it’s just false.

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    • RowRowRowYourBot@sh.itjust.works ⁨3⁩ ⁨weeks⁩ ago

      No, it isn’t. Self defense claims in New York are very specific.When I looked into getting a gun when I lived in Bed-Stuy I concluded after talking to a buddy at the ACLU that it was pointless because even if someone broke into my house with a gun it wasn’t self defense until they shot at me first.

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      • rc__buggy@sh.itjust.works ⁨3⁩ ⁨weeks⁩ ago

        And you’re just flat out incorrect

        www.nysenate.gov/legislation/laws/PEN/35.20

        3. A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon such other person when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary.

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      • michaelmrose@lemmy.world ⁨3⁩ ⁨weeks⁩ ago

        This is a complete fantasy. You don’t even have to ensure that they are armed they represent a fatal threat by breaking into your house with you in it you would have every right to shoot them immediately

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      • secretlyaddictedtolinux@lemmy.world ⁨3⁩ ⁨weeks⁩ ago

        The logical explanation is you don’t know the law correctly because your “friend” at the ACLU realized a wild bisexual hothead such as yourself with a gun was a recipe for disaster, understandably. So this person lied, made up a litany of non-existant jurisprudence, and the world is safer and sexier as a result. This does not mean that actual claims of self-dence go away.

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      • rc__buggy@sh.itjust.works ⁨3⁩ ⁨weeks⁩ ago

        Most of us don’t live in NY

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  • Rivalarrival@lemmy.today ⁨3⁩ ⁨weeks⁩ ago

    Go ask a criminal attorney if there’s a self defense claim

    If you had ever followed that advice, you wouldn’t be repeating this nonsense. You would have learned the 6 general criteria required for a self defense claim, and that none of thoae criteria require the defender to be less-well-armed than the attacker.

    This subject is too serious for your uninformed opinion. PM me your zip code, and I would be happy to find you a class on the laws regulating self defense.

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