CaliforniaCarry
Regular Member
imported post
tarzan1888 wrote:
It's not always going to be as clear-cut as you think it will be. It's not enough to say "I feared for my life", you have to be able to convince a court that a "reasonable" person would have feared for their life in the same situation. You will have to convince them that your life was in immediate and unavoidable danger, and that you had no choice but to shoot.
Plus, even if lethal force isn't called for, what if you can't outrun the guy? What if you can't run period (maybe not because of a physical disability, but perhaps because of your location in a building)? Should you just let the guy pound your face in?
tarzan1888 wrote:
But can you convince a jury of that? And wouldn't you want to do anything possible to make it easier to convince a court that you weren't just out to kill the guy? Being able to say you used a LTL weapon before you used lethal force could go a long way in places like CA, where the general population isn't so gun friendly. You carry a gun because you want to be prepared for the worst possible scenario: a threat upon your life or the lives of your loved ones. But once you win the fight things don't end; that's when you have to make your case that you had no other choice but to kill the assailant. Wouldn't you want to be prepared for that as well? If you can say "I used OC spray on him in an attempt to deter him, but he continued his assault, so I was forced to resort to lethal force", the jury might be much more inclined to believe that you weren't just looking for an excuse to use your gun.
If lethal force is required and administered and the threat stopped, then the evidence will speak for its self, and you will be the only one alive to point that out.
It's not always going to be as clear-cut as you think it will be. It's not enough to say "I feared for my life", you have to be able to convince a court that a "reasonable" person would have feared for their life in the same situation. You will have to convince them that your life was in immediate and unavoidable danger, and that you had no choice but to shoot.
Plus, even if lethal force isn't called for, what if you can't outrun the guy? What if you can't run period (maybe not because of a physical disability, but perhaps because of your location in a building)? Should you just let the guy pound your face in?