Legal defenses once the shot is fired

This is a discussion on Legal defenses once the shot is fired within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Just a question on what would be expected from law enforcement, district attorneys and the ilk once a defensive shot is fired. I have read ...

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Thread: Legal defenses once the shot is fired

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    New Member Array katipo's Avatar
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    Legal defenses once the shot is fired

    Just a question on what would be expected from law enforcement, district attorneys and the ilk once a defensive shot is fired. I have read that it may cost you in five figures to get an attorney hired to keep from being put behind bars for years, or at least getting a sentence that will preclude you from carrying ever again.

    The one story that comes to mind is the guy in the metroplex Dallas who was face punched while in his car stopped on a highway. He drew his weapon and shot the miscreant. Once the justice system got through with him cost was about 27,000 dollars.

    Is this an urban legend or fact?

    What is your take on this issue?

    Mind you getting killed is never an option in my book. I would act defensively regardless. But if you are going to put through a maytag wringer once the evil day arrives, what is a person to do?
    Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?

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    VIP Member Array havegunjoe's Avatar
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    I don't know if that particular case is for real but most estimates in my neck of the woods is $10,000+. That is if a prosecutor decides to press the issue.
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    Ron
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    Quote Originally Posted by katipo View Post
    Just a question on what would be expected from law enforcement, district attorneys and the ilk once a defensive shot is fired. I have read that it may cost you in five figures to get an attorney hired to keep from being put behind bars for years, or at least getting a sentence that will preclude you from carrying ever again.

    The one story that comes to mind is the guy in the metroplex Dallas who was face punched while in his car stopped on a highway. He drew his weapon and shot the miscreant. Once the justice system got through with him cost was about 27,000 dollars.

    Is this an urban legend or fact?

    What is your take on this issue?

    Mind you getting killed is never an option in my book. I would act defensively regardless. But if you are going to put through a maytag wringer once the evil day arrives, what is a person to do?
    I don't know anything about the Dallas situation, but there is no way to answer your question in the abstract. It would depend upon the specific facts.

    But, I will tell you that because the consequences of using deadly force is so uncertain, often depending not only upon the actual merits of the shooting, but the laws of the state you are in, the attitude of the police investigating the shooting, and that of the prosecutor, the prominence of the family of the person shot, etc., the advice you will probably get from most members of this Forum is that you draw your weapon and use deadly force only as a last resort to save your life or the life of a family member. And then pray that they agree that the shooting was justified.

    Ron

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    Senior Member Array Steve48's Avatar
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    Ayoob Massad had a good segment on last weeks Personal Defense TV on that very issue. Call 911 and identify yourself and what happened, keep you eye on the attacker, do what the police say when they arrive, identify the evidence and any witnesses and tell them you will cooperate fully in 24 hours after you speak to an attorney. Steve48

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    VIP Member Array Janq's Avatar
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    It very much varies on a host of factors from state to state location to the conditions of the reason why you discharged your weapon to whether or not your DA has been getting regular fluid changes...

    Lots of folks have not had to pay a dime toward a defense fo any sort while others with completely understandable and 'good shoots' ahve been raked over the coals by aggressive DAs...and thats not to mention civil litigation which generally has a 5 yr. statute of limitation.

    - Janq
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    Member Array katmandoo122's Avatar
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    $50k seems high. It is possible, but most self defense shootings will be over a few days at most, many after one or two days. Yes, there is prep time but $50k, while possible, is likely high.

    You can always defend yourself, too. Defending yourself is probably better most of the time than going with a public defender!
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    For the shoot to be justified you need to be in fear for your life. So, any amount you have to end up paying is a cheap price to pay for your very life.

    I believe we over think this. If we have to defend ourselves then we can worry about stupid lawsuits or anti prosecutors. Chances are, if your shoot was justified, it won't be that big of a deal for you. If it does turn into something else, be glad you're around to fight the charges and get the best lawyer you can find.
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    Member Array crookcatchr's Avatar
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    Ayoob Massad had a great article in this months Combat Handgun. It deals with certail myths and then giving case examples of each myth in actual cases. Beware, there are some people that were put in jail for a "defensive" shooting because of the type of ammo they used. Its a great read and it can be very, very scary at the same time.
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    I Hope I Can...

    continue to use extreme sensitivity to the need for 'self-defense'...after that...I may have to empty savings, finance the house, sell some guns, whatever...

    I'll be alive and the BG will be dead...isn't that worth something?

    It's all just stuff...and I've never seen a 'U-Haul' behind a hearse yet!

    Life goes on and it isn't fair...I don't waste much time thinking about it...

    Stay armed...stay safe!

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    Quote Originally Posted by crookcatchr View Post
    Ayoob Massad had a great article in this months Combat Handgun. It deals with certail myths and then giving case examples of each myth in actual cases. Beware, there are some people that were put in jail for a "defensive" shooting because of the type of ammo they used. Its a great read and it can be very, very scary at the same time.
    While I do not doubt that it is possible that you could run into a DA that will make an issue of the ammo you decided to use, or that you loaded your own ammo, a decent attorney would get you through that. If you are justified in applying deadly force, it doesn't really matter if you do it with your hand loaded super bullets or a rock you picked up in the parking lot. Ayoob has his personal views on the subject, and he is going to push those views. It is something to consider, but not something that you should let worry you too much.
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    Senior Member Array XD in SC's Avatar
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    Quote Originally Posted by retsupt99 View Post
    It's all just stuff...and I've never seen a 'U-Haul' behind a hearse yet!


    Sorry I had to.......... I am also into hearses some
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    Member Array Schwebel's Avatar
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    In that guys situation, I don't think I'd ever shoot anyone for a punch to the face. I know we don't know the BG's realtive size to the shooter and the situation that lead to the shooting. But just based upon face value, that seems excessive. I've been working in an ER for three years and have never seen anyone suffer life threating injuries from a buttkicking, unless a weapon of some sort was used, or if there was multiple attackers. A little off topic here, but the weirdest weapon I've ever seen anyone use is a carving fork. Two weeks ago someone came in with it jammed into his head like a turkey, so much force was used that it broke the handle off. If it wasn't a HIPPA violation I would post up pics. His buddy got redemption by beating the crap out of the BG with a shower curtain rod. The fight started over a woman.

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    New Member Array Antares's Avatar
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    Carving fork and shower rod, and they talk about outlawing guns. Even if they ban guns people are creative enough to find different ways to commit crimes probably that we didn't ever think anyone would think of.
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    VIP Member Array Redneck Repairs's Avatar
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    One of my friends here ( a former da ( prosicutor for yall who live elsewhere ) says figure 25 k$ to 50k for a no bill on the grand jurey. If it goes to trial it goes up . ) With that in mind lol it takes a lot for me to draw . Sad state of affairs , but that is honest quotes from a guy that does trial law . and my attny if that counts .
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    Ex Member Array Pete's Avatar
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    Who's this Ayoob Massad guy that Crookcatchr and Steve48 are talking about?
    Is he any relation to Massad Ayoob?

    Sorry, had to.

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