"Whilst, on the other hand, everyone familiar with self-defense philosophy KNOWS that the (fill in the blank, depending on what you carry) is by far finest caliber on the planet for stopping criminal assailants."
I'm sure similar illogical things have happened in a number of Jury-verdicts. I can think of a few well-known ones that still seem nuts.
One very good piece of advice I've read here (from "Secret Spuk", Post #20) is try to avoid getting charged in an SD incident to begin with. Once you are, it's fate and luck the type of people who will be deciding your future, and there will be a lot of them: lawyers, police personnel, DA staffs, judges, Juries - and one of them could send you up the creek for the silliest reasons imaginable, it's all out of your control. Where is if you are not charged......
Lots of good opinions imho in this thread :thumbup:
How does one avoid getting charged? Zimmerman is the best example I can think of regarding the virtues of keeping one's mouth shut, seeking immediate medical attention, and getting a lawyer before making any statements to the police who, in this case felt he should not have been charged. Talking to the police beyond the immediate facts of the situation after a lethal force confrontation is simply a bad idea.
this is why you always record these things with audio and/or video, or better yet, have a device recording everywhere you go.
yeah right...only if that was practical to do all the time! Maybe use those glasses that have a built in camera. Calling 911 (if you have time) and letting them record what happens. And besides some kind of witnesses (live or video) seeing what happened, I like the idea of prior criminal records being looked into.
I think one way is to avoid saying absolutely nothing - in that case you will be arrested for sure. As other have suggested, make clear who the assailant is. That you would be willing to swear out a complaint, if there is evidence you are aware of exculpatory to you, by all means point it out - also, make clear, you were in fear of your life, had to stop a lethal attack etc. And I'd say lastly, take a cooperative and non-agressive attitude. Also make sure you call 911 fast afterwards. Much better if you report it than a witness, or the actual BG. Ask for "help" too, that can set a tone and it's also true, you do need help.
My opinion on silence is it puts the Police in a position where - knowing nothing - they must treat you as potential murderer. I also would tend to slightly take with a grain of salt anyone's finally stating it was self-defense only after a discussion with their attorney. (That's me)
These are some things others have pointed to that might help the Police decide not to arrest you and perhaps, help later, not to charge you - of course, depending on the evidence.
If you believe the Police are "out to get you" than the above seems senseless. But I think their first job is be safe and make the area safe, and second, to find what happened. Most police officers I know seem like people who would not automatically be against anybody. That's not their job.
Since it's very rare for a CPL/CCw license holder to commit a crime of this nature the bad guys gun is most likely not registered or he was carrying it illegally. I would expect that once they have him for a gun crime they are going to be more willing to look at him for armed robbery also.