Criminal Defense Lawyer
If you are in a self-defense shooting, it’s going to seem very straightforward, however legally it can be complex. Even though you are using a legal firearm to protect yourself, and the person you’re protecting yourself from intends to harm you, the law is much more complex than that basis.
One part of it is that evidence could be lacking. The circumstances can be more complicated than just protecting yourself from someone who intends to harm you. So helping you know what constitutes a self-defense shooting, you should talk to your criminal defense lawyer, such as the ones available at Tuttle Law PA.
What is a self-defense shooting?
A self-defense shooting is when the owner of a firearm that is legally owned uses this firearm to protects themselves against somebody who intends to harm them. The user of the firearm has to have reasonable grounds for believing that somebody wishes to harm them, and they must be able to prove that they were at their home were in their vehicle and the other person had no legal right to be on the property or vehicle, that they, the defendant were allowed to legally be where they were during the time the shooting happened, and that they were not engaged in any unlawful activities at this locale; and if they were not at home or in their vehicle, they must have that the assailant in question had obvious intent to harm them.
What qualifies as a self-defense shooting?
Some examples of illegal self-defense shooting are pretty common examples, such as somebody entering your home or vehicle without your permission and in this example it is safe to assume their intent is harmful in these cases because they are illegally on your property or in your vehicle where items that you care about or live may be. If somebody refuses to leave your home or your vehicle after you have asked and then they act violently toward you, circumstantial evidence has to be rescinded in these cases, however, typically this is considered a self-defense shooting. And last but not least, if somebody approaches you out of nowhere with a violent intent, then you are legally allowed to engage in self-defense if you fear serious harm or death if you do not intervene with a gun.
There is another factor that can complicate self-defense law, which is the duty to retreat. You should talk to your criminal defense lawyer about this need to retreat if you do not know what this is. The duty to retreat is a very common law practice, and it suggests that you should retreat or contact the authorities if you come across any kind of unlawful activity that is not an immediate threat to you.
If you are in a public space and the duty to retreat is not possible, then a party approaches you to cause you harm, without you having voluntarily engaged with that person or hand.
Reach out to your criminal defense lawyer today.