Law Shield Program Attorneys Michele Byington and Edwin Walker discuss the civil ramifications of using force or deadly force. Short version: You can be sued by anyone, for any reason, at any time, which means you have to get representation and go through the legal process.
Check out the law in Colorado 18-1-704.5 Use of deadly physical force against an intruder. The General Assembly (legislature) hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes. Based solely on “reasonable belief” the occupant is immune from criminal and civil prosecution. So if you pass through Colorado, stay in a motel, I break down the door with a crowbar in my hand you can blow me away. Pack your bags and continue on your trip. Doesn’t apply yet to businesses. The intruder can be shown to commit a crime against property (burglary) or a crime against a person (robbery, rape, assault, homicide). Uninvited entry had been determined to be an unlawful entry. Thor
A retired cop once told me that if I ever have to use my gun, then shoot to kill so it becomes a one-sided story.
Absolutely. Dead men don’t tell tales.
I was told the same, also by a working cop. No sense in leaving an argument.
As the old saying goes: I’d rather be judged by 12 than carried out by 6.
Look at your state laws here in good old Tennessee if you’re defending yourself in the perp dies or live. The sorry a_ _ perp nor his family can sue you. That law passed over 5 years ago it still stand. More states should have this kind of law. No one should be sued for protecting one self or family. An any ccw program this large should be in place. Can we say #goTennessee.
Hooah!
Reminds me of a question in a Real Estate class asking who gets sued when something goes awry? We all took turns to answer. The Instructor then stopped us and said, “You all may get sued, the Court will decide the outcome.”
Great article for a great discussion. Please post those links to that organization. THANKS !!! 🙂
the most murderous and violent criminal you kill or injure in an attack in New Mexico was just a misguided soul and a suit is guaranteed in this state if their were any loved ones or relatives alive.One reason New Mexico ranks so close to New York in gun safe states.
A good example of Zeno’s Paradoxes, by Zeno of Elea (~440-441 BCE.)
The burden of proof in civil cases is not nearly as stringent as required under criminal law. The plaintiff has to essentially communicate to the court that the actions/activity of the accused have caused damage or loss of a monetary nature. Thus if you fire your weapon, kill a person trying to assault you on your own property, and have the bullet end up in your neighbor’s automobile next door, then you can be sued by representative of the estate of the person killed, and the neighbor whose automobile was damaged by the bullet.
Whether the jury will find against you or not is a crap shoot based on your community and the jurors/judges, but legal expenses are generally born by both the plaintiff and the defendant regardless of the outcome of the suit.
In other words, your problems are not necessarily over just because a prosecutor declines to present a criminal charge when exercising self defense.
YES you most certainly can have a civil suit brought against you for using your self defense gun by the perp or the surviving family members .May i suggest as i have ,join the ncca and get insured and a lawyer with bail on standbye at all times .I have 600k in insurance just for any civil suit may be brought against me for defending myself and 10k in bond money a phone call away with representation,join the national concealed carry association like us smart ccw permit holders do 27.00 a month is a small price to know you are fully covered and have a good gun laws attorney on call for you 24/7 just in case.
@Damian Wayne: can you provide a web address for NCCA? I keep getting search corrections to the NCAA (LOL!)
@ Dave L; Try entering the full name instead of the initials.
@ Damian Wayne.
I thought the whole idea with the NRA was NOT to be registered. And now your talking about paying $27.00/month, TOO BE registered. Where’s the wisdom in that?
I too have been approached to purchase this insurance. While I agree it is a good idea and worth every penny and more. I am retired and on a fixed income and the bottom line is; if you don’t have it, you don’t have it, no matter what it cost. Since I don’t have it, what am I suppose to do? Am I not allowed to protect my family, my grandkids, and my property?
Can you please send me the link to look more into