Use Of Deadly Force : Justified or Not

[dc1263]

Atstewart1 The Packing Preacher

Great Post, Commonsensical

[knighted4]

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....

DO NOT TALK TO THE POLICE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Get a good lawyer and let them talk for you.

this is from another forum it is 48 min but a good 48 min.
http://www.youtube.com/watch?v=6wXkI4t7nuc

knighted4

[wjh2657]

The major factor in defending yourself against physical assault (no weapon involved with assaulting party) would be how that assault came about. If the guy came out of nowhere and started beating you, with no provocation from you, you probably have a good argument to fear enough to shoot. If the guy and you have been arguing or having words then you are one of the parties in a two party fight and all you can do is take your medicine or run.

Even if he follows you when you try to escape, it is real dicey whether you can use deadly force. I sat in at a trial with that approximate scenario. The jury elected to go for the lowest grade of manslaughter because they believed the shooter had pretty much started the altercation and they felt he thus had contributed to the assaulter's eventual death.

If you said anything about his mother and all the sailors in the Seventh Fleet, I am pretty sure you are not going to walk away clean!

Keep away from other guy's wives, avoid places where fights predominate and don't pick fights with people who could beat you to death! Saves on wear and tear and attorney fees.

[bigdaddysdaddy]

Simple assault is not a justified use of deadly force, I understand that.

Are broken bones and blood beyond reasonable force and justification for the use of deadly force ?

What if a dude twice my size pushes me around then punches me in the mouth and breaks my jaw ?

Or say he knocks a couple of teeth out of my mouth and bloodies my nose

Would that be considered "Serious Physical Injury" or "Great Bodily Harm" as defined by The Law ?

Can anyone here point me to the laws pertaining to the "Use of Deadly Force Against A Person"

I recently took the Concealed Carry Class here in NC ( I've had my CT permit for 20+ years now) and was surprised that the only place I can find reference to these laws of self defense was in the training handbook,
Thought there would be a statute or some other reference to the Common Laws ?

You guys are great, Lots of good info here.

Here in Texas if your sitting in your car, and someone comes up to your car and threatens you, you can blow him away.

[blkdragon]

On the criminal side, it is "criminal intent" that is the first litmus test. Then will be the belief of the person being attacked. In Texas, where I am a law enforcement officer, it is primarily being in fear of one's life. It will depend on many factors, but if the person attacked can articulate their reason for using deadly force, then they will be alright.

The kicker is on the civil side, because that is a totally different sent of rules. Just because you don't see a weapon does not mean that the person punching the snott out of you is not carrying one. The most important thing to remember is, if you are armed and you are attacked, there is at least one gun in the fight. Think about it.

[billwot]

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.

"Deadly Force / Castle Doctrine:
North Carolina is a Castle Doctrine state and has a stand-your-ground law".


North Carolina Concealed Carry Permit Information

bill

[billwot]

Simple assault is not a justified use of deadly force, I understand that.

Are broken bones and blood beyond reasonable force and justification for the use of deadly force ?

What if a dude twice my size pushes me around then punches me in the mouth and breaks my jaw ?

Or say he knocks a couple of teeth out of my mouth and bloodies my nose

Would that be considered "Serious Physical Injury" or "Great Bodily Harm" as defined by The Law ?

Can anyone here point me to the laws pertaining to the "Use of Deadly Force Against A Person"

I recently took the Concealed Carry Class here in NC ( I've had my CT permit for 20+ years now) and was surprised that the only place I can find reference to these laws of self defense was in the training handbook,
Thought there would be a statute or some other reference to the Common Laws ?

You guys are great, Lots of good info here.

Here is a link to the guy that taught my CCW class. Click on the link to "ADF" (After Deadly Force" ) It is a sepcialized seminar he offers that deals with many of the questions you are asking, and what your follow-up actions should be following a deadly force incident. Much of the material is presented by a local attorney who specializes in deadly force cases. I haven't had time to take the course yet, but I fully intend to at my earliest convenience. NOTE: His classes fill up quickly, so if you plan to attend, you should register as erly as possible.

His classes are in the Wilson/Rocky mount, NC area

HOME/ABOUT US/CONTACT - Concealed Handgun Carry, Inc.

billl

[dc1263]

The class I was in was small, only 4 people, so we had lots of time for open discussion, I understood the laws prior to the class and enjoyed listening to the comment/opinions of the others as well, Seems to me that most people I talk to would use appropriate force including deadly force if necessary, without concern for any consequences, If it is truly a life or death situation then there will be little or no problem with justifying the use of deadly force afterwards,

You guys are great, thanks for all the input!

[kelcarry]

Hey dc1263: Within your comments--therein lies the problem. When you choose to CC you are in an inherently difficult situation that others will eventual judge you on from the LEO to the prosecutor to a jury; a great deal of the "judging" also has a lot to do with the state and community that you live in. In SC, I have read about cases that I found to be too lenient on the CC shooter and I certaiinly have read about cases in other states that gave me great concern--sure I do not have all the facts and I can be very wrong on each and every one but the point is that there is a very very big "grey area" that those of us with CC can easily fall into. It seems to me that "imminent danger" could be at a point where you do not even stand a chance to present your CCW. Be safe my fellow posters.