Pax, I have nothing but respect for all of your opinions. However,
Zex,
The smartest thing to do is get 911 on the phone. Have a recording of you telling the intruder that you are armed and the police are on the way. This will most likely end without you having to shoot someone. But if you do, you have a very strong case for self defense.
You guys who want to be dead-quiet then blast him as soon as you can are setting yourself up for a long expensive trial and possibly some time in a 4x6 concrete room.
The dead body may be a clue on that scenario.In order to claim self-defense, you must first admit that you did shoot the other person,
I'd rather be defending myself with a self defense claim than an accidental manslaughter charge.that you intended to do it,
To argue that you shot but you thought it might not kill him is akin to an insanity plea.and that you did so with the complete understanding that your actions could have led to the person's death.
Zex,
Wrong answer. The burden of proof on the prosecutor is only to prove you shot and killed someone. The burden of proof on you is that you must prove it was in self defense. I don't care what state you're in. Nobody assumes it was in self defense and then the state has to prove otherwise. The only thing that changes state-to-state is the requirements for proving self-defense.Not true. The burden of proof IS on the state or who ever the prosecutor is.
Exactly my point. Plus, now you have the stress in your life of having to defend yourself against a possible musder charge. Not fun.Expect to pay a minimum of $10,000 in defense attorney bills if you commit homicide (Justifiable or not). That goes up to $50 -$75 thousand is if goes to court.
That's exactly how the scenario SHOULD go! There was an audio recording of this man being in obvious fear for his life. Now, imagine the same guy with no audio recording, and a crime scene that appears that the homeowner way lying in wait, and as soon as the intruder got himself into his sights he shot him. Not as easy to defend against, right?There was one case here in the PRK some years ago where the resident dialed 911 after arming himself. At one point he put down the phone after saying he was going to block the door. The tape reveals a high-pitched scream and "No! No!" before four shots are heard. The guy, unfortunately comes on and breathlessly says "I just shot him, you better get an ambulance here quick!" In the Grand Jury indictment the prosecutor glossed over the man's protection of his infant son in the same room, saying he could have fled out a window. Jurors returned no-true-bill after hearing the tape, saying it chilled everyone to the bone to hear a man scream like that.
The smartest thing to do is get 911 on the phone. Have a recording of you telling the intruder that you are armed and the police are on the way. This will most likely end without you having to shoot someone. But if you do, you have a very strong case for self defense.
You guys who want to be dead-quiet then blast him as soon as you can are setting yourself up for a long expensive trial and possibly some time in a 4x6 concrete room.
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