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Use Of Deadly Force : Justified or Not

This is a discussion on Use Of Deadly Force : Justified or Not within the Deadly Force and The Law forums, part of the Main Category category; Personally, I feel some people are too quick to pull a firearm during a simple fist fight. What ever happened ...

  1. #21
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    Personally, I feel some people are too quick to pull a firearm during a simple fist fight. What ever happened to settling things the old fashioned way?

    In terms of deadly force. If you sit there an analyze the law too much, you'll never carry nor will you ever draw the firearm.

    To me it's like this: I'm not a criminal, I am not a vigilante, I am generally a law abiding citizen. If I truly feel the need to use deadly force then I am going to trust the fact that I used reasonable judgment and that a jury of my peers would do the same thing.

    You don't have to worry about the law if you are doing the right thing. However, pulling a gun on someone because they hit you in the jaw and broke it is an unjustified use of deadly force. Here in NC, you cannot defend yourself with deadly force until you are threatened with deadly force (or someone else is).

  2. #22
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    dc1263
    you should contact criminal law lawyer in your state and get needed info before shooting occurs

  3. #23
    JohnK87 is offline Land of 10,000 Taxes
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    Simply put, you are better off in almost all cases if you can defuse or walk away without having to pull your gun.

    If you do, be ready to fire, and if you are in fear for your life do so. The clearer the threat, the less likely you will be charged and convicted. If it does go to trial, you'll be explaining yourself.

    BTW, I've heard that the average cost of a self defense shooting is $10,000. Legal fees aren't cheap.
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  4. #24
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    I would say that $10,000 would be on the low end of the scale without it even going to trial. Figure $200 per hour for your lawyer and at least $200 for each defense witness plus $200 per hour for each expert witness on your behalf. Remember that your lawyer will bill you for every second he talks to you or to anyone on your behalf plus the time for writing up and legal documents. I doubt that $10,000 will even get you to trial.

  5. #25
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    Some of you people missed my point completely, I am not itching to pull my gun on someone for spitting on the sidewalk, and I don't need a lawyer to tell me it's not a good idea to shoot somebody for no reason.

    Anyway, Thank for your insight.
    The Right of The People To Keep And Bear Arms Shall Not Be Infringed

  6. #26
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    Lonewolf2810 is offline Glock 27 Fan
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    Quote Originally Posted by dc1263 View Post
    Some of you people missed my point completely, I am not itching to pull my gun on someone for spitting on the sidewalk, and I don't need a lawyer to tell me it's not a good idea to shoot somebody for no reason.

    Anyway, Thank for your insight.
    Funny how some people seem to get away from the questions that are ask or off topic. You will never get a straight answer but will be criticized for asking your question. So don't take it personal around here as I know where you are coming from.

  7. #27
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    Quote Originally Posted by dc1263 View Post
    Some of you people missed my point completely, I am not itching to pull my gun on someone for spitting on the sidewalk, and I don't need a lawyer to tell me it's not a good idea to shoot somebody for no reason.

    Anyway, Thank for your insight.
    It's not an itchy trigger finger but you ask a question that cannot be answered they way you want it answered. There is a thread on another board that is totally off the wall on this type of subject with the courts deciding your question when it happens. As you say about spitting on the sidewalk is a no-no for shooting. How about if he spits in your yard, on your car, your house, your dog, your wife, on you. What if he has some serious infection and spits on you trying to infect you with it. Just where in the line? What if he spits blood instead of salaiva? Somewhere you will have to make the decision where he has crossed the line and hope that the courts agree with you. The bad thing is that one court may agree with you and another not in the same states.

    This is the reason for our courts and the way our laws are writtten. Some prefer this system and some don't but it s what we have to go by for now. Our courts interpret the laws, and the constitution and your actions to see if they apply.

  8. #28
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    Not necessarily looking for "correct answers"

    Just some points to ponder

    Thanks for your insight, you guys are great
    Last edited by dc1263; 07-16-2009 at 10:10 AM. Reason: typo
    The Right of The People To Keep And Bear Arms Shall Not Be Infringed

  9. #29
    Atstewart1 is offline The Packing Preacher
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    Default Use of Deadly force

    In Georgia where I have a CCL, the rule of thumb is "if any reasonable person in the same circumstances would believe their life is threatened," then deadly force is justifiable. Also, three factors go into this definition of "life being threatened." 1. The other person or persons have the ability to kill you. i.e.There are three of them and one of you. They had a deadly weapon like a bat, or knife, or just fists if they are must larger than you. 2. They have the opportunity to kill you. The person is close enough to actually harm you. If they are 100 yards away, you would not be justified in shooting them even if they met condition 1. Usually 30 feet or closer is considered close enough to someone to either shoot you or get to you in less that 3 seconds to inflict harm on you with their bare hands. 3. They must be intent on harming you. A person may meet condition 1 and 2 but not have any intention on harming you. They may show their intent in various ways. i.e. They may say, "I'm going to kill you!" They may banish their firearm. They may not stop approaching you when you command them to stop. If you sense a threat from a person approaching you and you command them to stop and they do not stop, this indicates their intent on harming you. Why else would they not stop and keep their distance? You may also read their body language and it shouts anger and murderous intent. Note all three conditions must be met. If anyone of them is missing you will probably not be justifiable in using deadly force.

    When all three of these conditions are met, then any reasonable person in your circumstance would believe their life to be threatened. In Georgia there is no duty to retreat law, but I think if there is any way to avoid a gun fight, take it. You will always have two fights. The gun fight, then the legal fight afterwards. Even if the law says you were justifiable, the family of the person you shot may sue you in civil court.

  10. #30
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    then any reasonable person in your circumstance
    I think that you find that almost all self-defense laws are based on this especially court rulings. The problem is when you stand before the jury trying to convince them that what you did was reasonable and what they would have done under the same circumstances. Luckily the terms "great bodily harm" or similar are placed into these laws as well as "fear of life".

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