[quote]FightinIrish26 wrote:
[quote]Bauber wrote:
If self defense is actually warranted as defined by your state’s laws, you will not be arrested and put in prison. That is why the self defense laws are there in the first place. Depending on your state of course, but in my state if you reasonably fear for your life or fear imminent bodily harm, you are warranted in using your weapon.
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Hahaha man I wanna live where you live. Land of Sunshine and Rainbows.
You vastly underestimate the ability of lawyers and the courts to turn your seemingly invincible case of “self-defense” into aggravated assault, attempted murder, or worse.
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I do not vastly underestimate anything. And I never said it was invincible. You have to use your brain and know the law and do whatever it takes to protect your loved ones and yourself within the confines of the law in your particular state.
I know a thing or 2 about lawyers and courts, especially in my area. Self defense cases are ones I study closely as I have a great interest in them. You are much more likely to get found guilty by the media or some anti-gun group than by the court system where justifiable self defense was used.
In most situations, evidence about the defendant or victimâ??s character and past actions is generally not admissible in a criminal trial. The idea is that you cannot attempt to convict a person of a charge by showing he was a bad person in the past â?? he is on trial for a specific charge and only facts relevant to that charge can be introduced as evidence.
However, for homicide cases where the defendant claims the murder was committed in self defense, the defendantâ??s homicide lawyer may be able to bring in evidence of the victimâ??s character. If the deceased victim was a clear badass with a history of stabbing people and violently beating people in bars â?? this information could be considered relevant. The victimâ??s history of violence could show the state of mind of the defendant i.e. that he was scared of the victim. It might also show that the victim was the initial aggressor in the fight.
To claim self defense in a homicide case, you need to show that you had a reasonable belief that your life was in danger and you cannot be the original aggressor. If you started the fight, the only way to assert self defense is to show that you withdrew from the fight in an obvious way â?? such as running away â?? and then had to defend yourself from the victimâ??s attack.
If the victim was known to be violent, you may be able to bring in evidence of the victimâ??s character in your efforts to prove self defense. Finally, if you do claim self defense for a homicide charge, it is the state which has the burden of proof â?? this means the state must prove you were not acting in self defense.
I would rather be judged by 12 than carried by 6. And I would gladly take prison time for protecting my family from bodily harm or death. And any lawyer worth his salt should be able to prove you were acting in self defense as long as you didn’t go full retard or step outside confines of the law in some major way.
Now, can it still go badly for you? Of course, I would never say it could not go badly for you even if you acted correctly. To deal in absolutes is a folly when it comes to court decisions. But, I would not let that deter me from doing my duty as a man.