D
David
Guest
In case you ever have to defend yourself or a loved one while using lethal force against an attacker/perpetrator you should understand some basic concepts before you make that decision if you need to take someones life. While laws vary from location to location it is generally accepted that when you use lethal force it needs to pass a few legal hurdles.
First is it legal based on the "Reasonable Man" doctrine. Basically would other reasonable people in the same situation be likely to use deadly force also? If you find yourself wanting to shoot someone because they are panhandling you for a few coins you're going to have a bad day. (And you should seek a mental evaluation)
Secondly, it needs to only be used when preventing imminent and otherwise unavoidable danger or death, or grave bodily harm to the innocent. If you are walking down the street and you see a woman attacking a man (or vice-versa) chances are pretty good you do not want to pull out your firearm and start shooting. Call the cops, and unless someone can not defend themselves you should not get involved.
Ability is a important concept, did your attacker have the ability to cause death or great bodily harm? Usually if they have a weapon of any sort the answer will be yes (remember a lot of items can be weapons in the wrong hands). However you may find yourself in a situation where an attacker may not have a weapon, but there are multiple attackers, or your attacker is causing you serious bodily harm. Be aware that these situations almost always end up with a disparity of force claim, and your defense will be more difficult.
Opportunity, aka did your attacker have the opportunity to carry out the attack. This is where a lot of grey area comes in to play. If he doesn't have a weapon, more than likely the attacker will need to be within arms reach, however if a weapon is brandished it should be within the weapons effective range. Just keep in mind the average person yielding a knife can close a distance of approximately 30 or more feet in the time it takes to draw a firearm.
Jeopardy must exist. Was there intent to cause harm, was your life in jeopardy? Remember carrying guns are legal so if you see someone else with a concealed weapon it does not mean you can pull your weapon out and use force. That person has no intention of causing harm to you or anyone else. On the other side if you see someone running toward you with a baseball bat shouting "I'm going to kill you", there is a considerable amount of jeopardy involved there.
Basically it can all be broken down to this "Do you fear for your life? Is eliminating the threat, the only viable option to end that fear?" So after you've made this life altering split second decision that the only way out of a situation is if you use lethal force you need to know your rights. Once the threat is over you need to call 911 or the police immediately. Put away your weapon (seriously, once the threat is over, put it away, do not keep waving it around). Do not disturb the crime scene, however if your attacker had a weapon, make sure that other weapon does not walk away.
First, do not talk to anyone without a lawyer. Do not call your mom, sister, brother or anyone and make any statements. When police ask you what happened you better be able to start and end with "I feared for my life, and I need a lawyer". You have the right to be silent, this is the time to use it. I fully support the police as much as anyone, but you need to understand that you can self incriminate yourself very easily in a highly stressful situation such as this. I can not stress enough the magic statement you should repeat over and over if necessary, "I feared for my life, and I need a lawyer".
Listen to what the police say without arguing with them. Remember the 10 magic words, and remember the police have a job to do in determining what happened and who the bad guy is. It is you and your lawyers responsibility to make sure the shooting was justified, not the police. Remember eye witnesses are absolutely horrible for reliable testimony. The police will gather the evidence and it will speak for itself in the end.
Make no statements of the situation to the media, or other people. Remember this incident is going to leave you isolated, feeling guilty and most likely depressed. Be sure you fully understand all the fallout that is going to happen from this. Chances are good you will be taken downtown and processed through the system. You can be held for I believe 48 hours with no charges what so ever brought against you. You will be searched, your firearm taken, and your entire life flipped on its head.
Finally, you should know that just because criminal charges may not be brought against you, in todays world civil lawsuits run rampant and you could face dire financial consequences unless you can prove it was unavoidable. Following some of these tips will also help in any civil cases brought against you.
Nothing you read here or anywhere can prepare you 100% for a situation like this. Just remember you still have rights, make sure you use them. Your most important right to a lawyer and to remain silent are priceless in this situation.
Make sure you are away of state laws such as the Castle Doctrine, and duty to retreat laws.
First is it legal based on the "Reasonable Man" doctrine. Basically would other reasonable people in the same situation be likely to use deadly force also? If you find yourself wanting to shoot someone because they are panhandling you for a few coins you're going to have a bad day. (And you should seek a mental evaluation)
Secondly, it needs to only be used when preventing imminent and otherwise unavoidable danger or death, or grave bodily harm to the innocent. If you are walking down the street and you see a woman attacking a man (or vice-versa) chances are pretty good you do not want to pull out your firearm and start shooting. Call the cops, and unless someone can not defend themselves you should not get involved.
Ability is a important concept, did your attacker have the ability to cause death or great bodily harm? Usually if they have a weapon of any sort the answer will be yes (remember a lot of items can be weapons in the wrong hands). However you may find yourself in a situation where an attacker may not have a weapon, but there are multiple attackers, or your attacker is causing you serious bodily harm. Be aware that these situations almost always end up with a disparity of force claim, and your defense will be more difficult.
Opportunity, aka did your attacker have the opportunity to carry out the attack. This is where a lot of grey area comes in to play. If he doesn't have a weapon, more than likely the attacker will need to be within arms reach, however if a weapon is brandished it should be within the weapons effective range. Just keep in mind the average person yielding a knife can close a distance of approximately 30 or more feet in the time it takes to draw a firearm.
Jeopardy must exist. Was there intent to cause harm, was your life in jeopardy? Remember carrying guns are legal so if you see someone else with a concealed weapon it does not mean you can pull your weapon out and use force. That person has no intention of causing harm to you or anyone else. On the other side if you see someone running toward you with a baseball bat shouting "I'm going to kill you", there is a considerable amount of jeopardy involved there.
Basically it can all be broken down to this "Do you fear for your life? Is eliminating the threat, the only viable option to end that fear?" So after you've made this life altering split second decision that the only way out of a situation is if you use lethal force you need to know your rights. Once the threat is over you need to call 911 or the police immediately. Put away your weapon (seriously, once the threat is over, put it away, do not keep waving it around). Do not disturb the crime scene, however if your attacker had a weapon, make sure that other weapon does not walk away.
First, do not talk to anyone without a lawyer. Do not call your mom, sister, brother or anyone and make any statements. When police ask you what happened you better be able to start and end with "I feared for my life, and I need a lawyer". You have the right to be silent, this is the time to use it. I fully support the police as much as anyone, but you need to understand that you can self incriminate yourself very easily in a highly stressful situation such as this. I can not stress enough the magic statement you should repeat over and over if necessary, "I feared for my life, and I need a lawyer".
Listen to what the police say without arguing with them. Remember the 10 magic words, and remember the police have a job to do in determining what happened and who the bad guy is. It is you and your lawyers responsibility to make sure the shooting was justified, not the police. Remember eye witnesses are absolutely horrible for reliable testimony. The police will gather the evidence and it will speak for itself in the end.
Make no statements of the situation to the media, or other people. Remember this incident is going to leave you isolated, feeling guilty and most likely depressed. Be sure you fully understand all the fallout that is going to happen from this. Chances are good you will be taken downtown and processed through the system. You can be held for I believe 48 hours with no charges what so ever brought against you. You will be searched, your firearm taken, and your entire life flipped on its head.
Finally, you should know that just because criminal charges may not be brought against you, in todays world civil lawsuits run rampant and you could face dire financial consequences unless you can prove it was unavoidable. Following some of these tips will also help in any civil cases brought against you.
Nothing you read here or anywhere can prepare you 100% for a situation like this. Just remember you still have rights, make sure you use them. Your most important right to a lawyer and to remain silent are priceless in this situation.
Make sure you are away of state laws such as the Castle Doctrine, and duty to retreat laws.
