csmsss said:
...No one should be subject to an unprovoked assault just because someone else got the wild hair to attack him or her. And, perhaps more importantly, the difference between an "arse kicking" and a fatality can be a matter of mere millimeters in the placement of a punch or kick...
Nonetheless, in the real world if you defend yourself with lethal force you will need to establish that a reasonable person in like circumstances would have reasonably feared imminent death or grave bodily injury.
If the DA doesn't accept that, you will be charged or at least be brought up to the grand jury. And in that case, if the grand jury doesn't accept that, you will be charged and sent to trial. And if your trial jury doesn't accept that, you will be going to jail.
Of course, the reasonable person will be just like you, i. e., with any health problems, disabilities or frailties you have. But you will still have to establish, based on an objective standard, the reasonableness of your decision to intentionally commit an act of extreme violence against another person.
Sometimes it can work out in the end. But sometimes it works out in the end only after you have gone through a meat grinder. Consider the cases of --
This couple, arrested in early April and finally exonerated under Missouri's Castle Doctrine in early June. And no doubt after incurring expenses for bail and a lawyer, as well as a couple of month's anxiety, before being cleared.
Larry Hickey, in gun friendly Arizona: He was arrested, spent 71 days in jail, went through two different trials ending in hung juries, was forced to move from his house, etc., before the DA decided it was a good shoot and dismissed the charges.
Mark Abshire in Oklahoma: Despite defending himself against multiple attackers on his own lawn in a fairly gun-friendly state with a "Stand Your Ground" law, he was arrested, went to jail, charged, lost his job and his house, and spent two and a half years in the legal meat-grinder before finally being acquitted.
Harold Fish, also in gun friendly Arizona: He was still convicted and sent to prison. He won his appeal, his conviction was overturned, and a new trial was ordered. The DA chose to dismiss the charges rather than retry Mr. Fish.
Gerald Ung: He was attacked by several men, and the attack was captured on video. He was nonetheless charged and brought to trial. He was ultimately
acquitted.
While each was finally exonerated, it came at great emotional and financial cost. And perhaps there but for the grace of God will go one of us.
And note also that two of those cases arose in States with a Castle Doctrine/Stand Your Ground law in effect at the time.
