Worse legally if BG survives?

This is a discussion on Worse legally if BG survives? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I will only use deadly force if I feel I am in imminent danger. Could I still be arrested and made to stand trial? Sure. ...

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Thread: Worse legally if BG survives?

  1. #31
    VIP Member Array SmokinFool's Avatar
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    I will only use deadly force if I feel I am in imminent danger. Could I still be arrested and made to stand trial? Sure. The evidence presented should exonerate me as to criminal charges. In WV I am safe from civil action if I am involved in a "good" defensive shoot.
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  3. #32
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    Quote Originally Posted by Mike1956 View Post
    What charges do you suppose I'll be facing if I shoot a home invader?
    Lifetime support and maintenance if the invader is crippled and unable to "work". Pain and suffering. All sorts of civil suits.
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  4. #33
    VIP Member Array Crowman's Avatar
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    Wisconsin law prohibits civil suits in cases where the shooting was deemed justified.............

    895.62
    Except as provided in sub. (4), an actor is immune from civil liability arising out of his or her use of force that is intended or likely to cause death or great bodily harm if the actor reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person and either of the following applies:

    (a) The person against whom the force was used was in the process of unlawfully and forcibly entering the actor's dwelling, motor vehicle, or place of business, the actor was on his or her property or present in the dwelling, motor vehicle, or place of business, and the actor knew or had reason to believe that an unlawful and forcible entry was occurring.

    (b) The person against whom the force was used was in the actor's dwelling, motor vehicle, or place of business after unlawfully and forcibly entering it, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or had reason to believe that the person had unlawfully and forcibly entered the dwelling, motor vehicle, or place of business.
    Wisconsin Legislature: 895.62
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  5. #34
    Member Array Blindeye's Avatar
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    In medical malpractice cases (which are civil tort), the damages are usually higher if the person lives.

    The exceptions being things like a young mother, who's services to the family can be estimated by what it would take to replace her: cook, driver for the kids, tutor for the kids, maintainence of the house,
    companion, etc.
    "Replacing" a young mother with other persons doing those services brings the economic damages up to about 5 million dollars (not exagerating the numbers).

  6. #35
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    Quote Originally Posted by marcclarke View Post
    Lifetime support and maintenance if the invader is crippled and unable to "work". Pain and suffering. All sorts of civil suits.
    Not in Ohio, unless I get a criminal conviction.
    "When you have to shoot, shoot, don't talk."
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  7. #36
    Member Array AngryBadger417's Avatar
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    Quote Originally Posted by SmokinFool View Post
    I will only use deadly force if I feel I am in imminent danger. Could I still be arrested and made to stand trial? Sure. The evidence presented should exonerate me as to criminal charges. In WV I am safe from civil action if I am involved in a "good" defensive shoot.

    We have it pretty good in WV, some other states laws are insane.
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  8. #37
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    Quote Originally Posted by oneshot View Post
    ^^^^^^Not in Michigan^^^^^^

    See below

    A person who uses force in accordance with the Act is immune from civil liability for damages caused by the use of such force (PA 314). Additionally, courts must award attorney fees and costs to an individual who has been sued for using force and the court finds that the force was in accordance with the Act (PA 312).
    Criminal Liability
    Under the Act (PA 310), no crime has been committed when a person uses force as authorized. If a prosecutor believes that the force is not justified, he or she must provide evidence that the force used was not in accordance with the Act. Such evidence must be presented at the time of warrant issuance, preliminary examination, and trial.

    If it is deemed a no bill your biggest worry will most likely be retribution(paybacks) from the knuckledraggers friends and family.

    You need to go read your specific states laws regarding these matters, as EACH STATE is different.
    Not only that but you are entitled to court and lawyer fees if it is deemed to be a good shoot and you are sued anyways.
    Disarming innocent people does not protect innocent people.


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  9. #38
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    Quote Originally Posted by marinevet1994 View Post
    Not only that but you are entitled to court and lawyer fees if it is deemed to be a good shoot and you are sued anyways.
    The downside is trying to recoup the money from a dirtbag to begin with. I think it should be the opposing lawyer's burden to pay the costs, as punishment for filing the case.
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  10. #39
    Senior Member Array CanuckQue's Avatar
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    One reason why I am less libertarian than I'd like to be is how expensive courts are to access. The idea of being less able to sue just because I am "a dirtbag scum" makes me kinda sad, and the defendant being forced to "suck up" the fees even sadder, even if they win. That sad, the lawyer in those cases is likely to be acting either pro bono or on contingent fee.

    Quote Originally Posted by Mike1956 View Post
    Not in Ohio, unless I get a criminal conviction.
    This is legislation? Because civil court has a much lower burden to meet than criminal court. They've deliberately made it harder to sue and deliberately increased the threshold?
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  11. #40
    Ex Member Array gregnsc's Avatar
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    Research "The Castle Doctrine Law" for your state..In S.C.,if you shoot an intruder or stab,whatever,in your home, and it was declared that you were in your rights to shoot him or whatever,which it should be,BG can't do squat.Not even in civil court.A law was put in place to prevent that.

  12. #41
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    Quote Originally Posted by CanuckQue View Post
    One reason why I am less libertarian than I'd like to be is how expensive courts are to access. The idea of being less able to sue just because I am "a dirtbag scum" makes me kinda sad, and the defendant being forced to "suck up" the fees even sadder, even if they win. That sad, the lawyer in those cases is likely to be acting either pro bono or on contingent fee.



    This is legislation? Because civil court has a much lower burden to meet than criminal court. They've deliberately made it harder to sue and deliberately increased the threshold?
    ?Castle Doctrine? Bill Passes Ohio Senate, Beware Criminals, No Civil Lawsuits for You | ePluribus Media
    "When you have to shoot, shoot, don't talk."
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  13. #42
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    Quote Originally Posted by cayman_shen View Post
    I'm curious. If you have to shoot a home invader or whatever, might you be in a worse place legally if he survives? A BG that survives, sitting in a wheelchair preying on a jury's sympathy, might get you in more hot water than one who can't plead his case, even though the charges you face would be lesser.

    I AM NOT ADVOCATING administering a coup de grace or any other sick crap. I'm not suggesting executing wounded attackers to save legal hassle. I'm merely curious what outcome is preferable in the courtroom, silent BG or wounded and sympathetic? OK? Purely hypothetical curiosity.
    Not too sure about that. Look at George Zimmerman's case regarding his shooting of Trayvon Martin. I think he did the right thing by defending himself and he should be cleared under Florida's "Stand Your Ground" law, but politically speaking he's going to be found guilty and punished severely.
    "I'm not IN danger Skyler, I AM the danger!"

  14. #43
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    That has only been decided in public opinion and the media. Remember OJ and Casey Anthony
    Retired USAF E-8. Remember: You're being watched!
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  15. #44
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    Oklahoma
    TITLE 21 1289.25

    A person who uses force, as permitted pursuant to the provisions of subsections B and D of this section, is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. As used in this subsection, the term “criminal prosecution” includes charging or prosecuting the defendant.

  16. #45
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    Do some research about a concept called civil immunity in your state. Civil immunity basically (very basically I might add) states that if you injure/kill a person and you aren't held criminally liable either by the DA, Grand Jury, or in a court then you are immune from any civil liability as well. My state of Nebraska has recently passed this bill thanks to the kind folks at the NRA partnering with NFOA here locally.

    Another thing worth considering is some insurance for the legal fees if you get into a shooting. That's something that I have only begun to research and there are a few companies out there that would cover your legal fees for your defense (again, very basically said). Before I pull the trigger on that (no pun intended) I am trying to research these policies to make sure they aren't scams...so if anyone has heard anything about that I'd appreciate the views.

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