Posted: 1/4/2010 7:28:51 AM EDT
| Can you press charges for assault if you have just pulled your CCW and shot the perp? This is based on a comment from another thread. Also, if the family of the perp lawyers up to sue in civil court afterwards, can you counter-sue for damages/distress/loss of property? |
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The short answer is that anyone can sue anybody for anything in Civil Court - if they have the money. One truism that it universal throughout this world, "you get all the justice you can afford".
Criminal laws vary from state to state. That said, if the perp has actually assaulted you and that can be proven by demonstrable facts to the D.A., he might pursue it. Criminal cases are prosecuted at the D.A.'s discretion. Semper Fidelis |
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Absolutely.
If you do not press charges it begs the question; If the individual didn't assault you why did you shoot him ? You need to immediately establish the fact that you were the victim and he was the criminal. Even if your assailant is on the floor and bleeding out when law enforcement arrives; you need to immediately express your desire to press charges. |
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The short answer is that anyone can sue anybody for anything in Civil Court - if they have the money. One truism that it universal throughout this world, "you get all the justice you can afford". Criminal laws vary from state to state. That said, if the perp has actually assaulted you and that can be proven by demonstrable facts to the D.A., he might pursue it. Criminal cases are prosecuted at the D.A.'s discretion. Semper Fidelis Haha! I'm originally from California where this is all to true! Everybody sues everybody for anything in California! Chances are your insurance will give him a settlement no matter how clean the shoot was. |
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Yes , you can and should. Everything you can do to position yourself as the victim should be done. And you will suffer in several ways that would justify a suit/counter-suit in civil court. No matter how clean and justifiable of a shoot it was , you will be dragged through a world of shit and you should press charges and sue for what the perp has done to you and the suffering you will endure.
LFI 1 w/ Mas Ayoob covers this subject thoroughly. -JC |
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Can you press charges for assault if you have just pulled your CCW and shot the perp? This is based on a comment from another thread. Also, if the family of the perp lawyers up to sue in civil court afterwards, can you counter-sue for damages/distress/loss of property? Assuming that he menaced you sufficiently to make you pull a gun and shoot him...absolutely. You want to press charges. |
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Can you press charges for assault if you have just pulled your CCW and shot the perp? This is based on a comment from another thread. Also, if the family of the perp lawyers up to sue in civil court afterwards, can you counter-sue for damages/distress/loss of property? Assuming that he menaced you sufficiently to make you pull a gun and shoot him...absolutely. You want to press charges. I agree..... He needs more than bullet wounds to remind him of his poor decision. He needs jail/prison too. |
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You do you arraign a dead perp? did you accidentally the whole thing tell the responding officer you were attacked and want to press charges, then shut up and call a lawyer, this was the advice of several LEO's I know YMMV I think this is outstanding advice. "I was afraid for my life and I defended myself. I would like to speak to an attorney". Other than name and address, that's it. Even if the officer is an old friend. Say it to the first responders. Tell it to the second wave that comes to question you. Be polite but be firm. Once this happens you are in District Attorney land and there is no telling what their political agenda is. This is something you absolutely, positively, have to do right. What I've seen in New Mexico is people getting screwed on this even in pretty clear circumstances. It takes more than being right. You have to color in the numbers without any mistakes afterwards. |
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Quoted: Absolutely. If you do not press charges it begs the question; If the individual didn't assault you why did you shoot him ? You need to immediately establish the fact that you were the victim and he was the criminal. Even if your assailant is on the floor and bleeding out when law enforcement arrives; you need to immediately express your desire to press charges. +1. "If he survives, I want to press charges" Same thing when you call 911 to report it. DON'T say "I just shot a man," rather say "An armed man just broke into my house and tried to kill me, I just shot him." From the start, it puts you into the call as the victim. Mas advises to give the officers a quick rundown, make sure they don't miss any evidence, then tell them you'll fully cooperate and give a complete statement in 24 hours after you have a chance to calm down and speak with an attorney. |
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I think this is outstanding advice. "I was afraid for my life and I defended myself. I would like to speak to an attorney". Other than name and address, that's it. People love to say this, but what do you do when the shot guy has a different story labeling you as the suspect? First to tell their story usually wins. Hate to say that is the way it is, but sitting in jail because the police have noone to talk to but the suspect places you in negative light. Although the attorney request can't be used against you in a trial, it will come out and still look negative. If you are sitting in jail, your attorney will have a major uphill battle. The crook already made you look dirty and you are viewed as the suspect, by your choice. The Mas advice above is decent. I have been on several of these and every single time the person wants to tell you the whole thing. Having been through similar situations, it is easy to relate and explain the real problems. |