Use Of Deadly Force : Justified or Not

[NRA UR2]

If you feel imperiled irregardless of the circumstances, then you must shoot. When the police arrive you must repeat this over and over with no alterations, aditions orchanges...Officer, I feared for my life. He was going to kill me....

[ronwill]

Anytime you use deadly force you must be prepared to go to court and be judged for your actions. As stated before, if you truly feared for your life that's the statement you must make throughout the investigation and possible trial. While your attacker doesn't have to be armed the fact that they were, or weren't, will weigh heavily in anyone's decision.

[tattedupboy]

These are all good answers. However, in the end, it will all depend on how well the defense and prosecution are able to convince the jury. The law, as well intentioned as it may (or may not) be, never is, never has been, nor will ever be a one size fits all guide for every situation. All I can recommend is that you use the minimum amount of force necessary to get out of any situation alive and just use your best judgment at all times.

[HiCarry]

The definition of serious bodily injury can usually be found in the language of your state's statues. Here is the relevant language from Hawaii:

§707-700 Definitions of terms in this chapter. In this chapter, unless a different meaning plainly is required:

"Bodily injury" means physical pain, illness, or any impairment of physical condition.

[snip]

"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

[snip]

"Substantial bodily injury" means bodily injury which causes:

(1) A major avulsion, laceration, or penetration of the skin;

(2) A burn of at least second degree severity;

(3) A bone fracture;

(4) A serious concussion; or

(5) A tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs.

[FN1910]

No matter what the law says, if you shoot someone you are going to have a few sleepless nights. If the DA thinks that he has a case then it will go to a jury. They will decide if if was justified or not. The laws may help the jury but it will come down to their opinion.

[Lonewolf2810]

Is NC a "stand your ground" state?

The reason I ask is because my instructor, here in SC where we are a stand your ground state, said that many factors are judged in the use of deadly force. The fists of a 250lb man can be considered deadly weapons and if he has the potential to knock you out AND take your gun, then he has the potential to use lethal force on you. Therefore, our instructor, a cop, told us to shoot before he does that.

I believe that is a very loose interpretation especially when the determination will be left to the jury, not the cop. I would recommend loud verbal commands to the assailant prior to drawing such as "STOP" or "BACK AWAY". This will get the attention of possible witnesses prior to an incident and will hopefully prove you to be the defender, not the instigator.

Then, if possible, present your weapon prior to firing. I believe it's only brandishing if you present your firearm in an offensive manner (at least in SC). This case would be defensive and is sometimes effective in de-escalating the situation. If you have to draw your weapon and the BG retreats, call the Police anyway so that you can tell them the situation and why you presented your firearm. Otherwise the BG may try to turn the table on you (he pulled a gun on me!)

That's a long answer for, your fate is in the hands of the jury of your peers. But certain steps can be made in your favor.

To answer is NC a stand your ground state? NO it is not you have the duty to retreat. I sure wish they would change that law it sure would help in the matter of protecting your self and family.

[lasersights]

I think along the lines of Ted Nugent's comments in this video

My thoughts reflect what has been stated here. However, at the end of the day, unfortunately it really comes down to who is your lawyer? Reality seems to have no place in a trial where our gladiators in suits fight on our behalf.

[Lonewolf2810]

Just who couldn't like that guy? He has always said it like it is and that is the way it should be. Why does this country have to always change something that works. You give the criminals more rights than the law abiding citizen and then you get the revolving door prison system. (Oh he didn't really mean to slaughter that family he was just mad at his mother or something like that) give me a break. We need to stand up for what our fore fathers fought and died for to keep us free. It is time we take back control of our rights before its to late.
Just my 2 cents on this matter. There I feel better now and thanks for listening.

[agentduder]

our concealed carry instructor in SC to us "its better to be tried by twelve than carried by six." The key to anything is using common sense.

[dc1263]

Lots of great insight from everyone, still cant find any reference to any statutes pertaining to self defense outside of the CCW training handbook, except for (NCGS 14-51.1 "Use of deadly force against an intruder")