What is the legal process I can expect after a justifed self-defence shooting

[tea333]

I was just wondering what I would be put through, legal wise, should I become involved in a self-defefense, justifiable shooting. I'm talking about from the time I call the police telling them that I've just shot someone.

 

[Nolacopusmc]

wow.

no way to tell. It could be anything.

Depends on the circumstances, the police, and the political climate where it occurred, who you are, who the suspect/victim is,


There is no way to answer that question.

 

[Quickdraw22]

Be prepared to be put through an expensive hell.

If he doesn't die, he will sue, and probably win because our judicial system is a joke.

Conclusion: Shoot to kill. The dead cannot testify.

 

[JR1572]

wow.

no way to tell. It could be anything.

Depends on the circumstances, the police, and the political climate where it occurred, who you are, who the suspect/victim is,


There is no way to answer that question.

This.

JR1572

 

[nola_]

You can expect this thread coming up in court.

Someone could say you were anticipating a "self-defence shooting" and were looking for advice to navigate the situation.

 

[Nolacopusmc]

You can expect this thread coming up in court.

Someone could say you were anticipating a "self-defence shooting" and were looking for advice to navigate the situation.

Be prepared to be put through an expensive hell.

If he doesn't die, he will sue, and probably win because our judicial system is a joke.

Conclusion: Shoot to kill. The dead cannot testify.

Yep

Prosecuter or Civil Attorney" Sir, so as shown in this post, it was your specific intent to kill the deceased..Correct?

you..."Uhhh...uhhh"


We shoot to stop the threat....PERIOD.


If he dies, that is unfortunate, but it was not our intent to wound or kill...only to stop the threat.



This thread is proof of why a quality CHP class is a necessity.

 

[charlie12]

If he doesn't die, he will sue, and probably win because our judicial system is a joke.

This might help with that.

RS 9:2800.19


§2800.19. Limitation of liability for use of force in defense of certain crimes

A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.

B. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the defendant in any civil action if the court finds that the defendant is immune from suit in accordance with Subsection A of this Section.

Acts 2006, No. 786, §1.

 

[Fisherman]

Yep

Prosecuter or Civil Attorney" Sir, so as shown in this post, it was your specific intent to kill the deceased..Correct?

you..."Uhhh...uhhh"


We shoot to stop the threat....PERIOD.


If he dies, that is unfortunate, but it was not our intent to wound or kill...only to stop the threat.



This thread is proof of why a quality CHP class is a necessity.

Naw! That's what the backhoe if for! Just kidding.

I'll tell you right now that I would hate to kill anybody. What a horrible thought that anyone would pass on without knowing Jesus. The last thing the bad guy will do is attack me or mine. I mean, I'll do what's nessessary and without hesitation but it's a horrible thought. Why? Because no human can imagine how scary a place Hell is and forever is a long time. I wouldn't wish that on anybody. In my fantasy I would be able to disable the bad guy and lead him/her to Jesus. I know some of you don't know what that means so if you don't know, please don't reply with hateful anti-Christ comments. I have time to think about this in the comfort of my chair here and I know there won't be time for anything except action when and if the time comes.

 

[Bayoupiper]

Regardless of how "justified" the shooting is, you will also have varying degrees of mental, physical, and emotional fallout from it that will last years to a lifetime.




.

 

[Fisherman]

Regardless of how "justified" the shooting is, you will also have varying degrees of mental, physical, and emotional fallout from it that will last years to a lifetime.




.

I imagine you're right. I never have and hope I never do. Anyone that have, and are willing to talk about it here, can you tell a little bit about it and then tell us about the feelings you had afterward? Only if you want to.

 

[Vigilante Sniper]

Here's what happened to me, no guarantee you'll be treated the same. My brother and I were chased by 5 people one of whom was weilding a baseball bat. We managed to get to our vehicle in time for me to grab my gun and turn and fire when the guy with the bat was about six feet away. The bullet struck him in the top of the forhead, travelled under the scalp, and exited out the back. Didn't penatrate skull, he immediately dropped the bat and realized he had been shot, the other four took off. When the Sheriff's office came they took statements, from my brother and I and 2 other witnesses. They confescated our weopons and released us. We were never charged, as it was self defense, and the perp did not sue. To this day he has been on the straight and narrow and never been in trouble again. But we never got our guns back from the S/O. Mine was an RG-22, and my brothers was a Ruger in .45 Colt. That incident is what made me learn to shoot better and start carrying a gun because you never know when you might need one.

 

[Fisherman]

So why did they steal your guns? Did you try and get them back?

 

[103M 95G]

Nola, isn't this addressed in the massad ayoob class you are hosting?

http://www.bayoushooter.com/forums/showthread.php?t=32471

 

[Vigilante Sniper]

At the time we were under 21, and back then things were different. My father didn't want us to have a gun anyway so there may be more to it than we knew at the time.

 

[Nolacopusmc]

Nola, isn't this addressed in the massad ayoob class you are hosting?

http://www.bayoushooter.com/forums/showthread.php?t=32471

Yep, but for some it is more fun to speculate. Except the one person who has posted an actual first hand account. and that account is over 30 years old. It is sad, but things mat not work out as well for the gg today. Bg didn't sue as much back then.

It is a shame, but mire credence is given to the suspect than the victim. That is the courts fault, not the police. However, recent events seem to suggest that the pendulum is swinging in the gg favor at least from the criminal prosecution end.

 

[Akajun]

This is a total what if scenario, some things may or may not happen due to circumstances but you should be prepared for all of them.

First thing is you will be questioned by the police at the scene, your gun possible taken as evidence. You may or may not be arrested depending on the circumstances.
You will be proabably called in at a later date and time to answer more questions by police.
You will probably be brought before a grand jury, and may have to testify before the grand jury.
If a criminal trial ensues, that is pretty much self explanitory.

Next, probably at the end of the criminal investigation definatly with ing the next year YOU WILL BE SUED by the person you shot or his heirs. Get with your homeowners insurance as who they are really after. Civil suit is also pretty much self explanitory.

 

[Wagon_Master]

Be prepared to be put through an expensive hell.

If he doesn't die, he will sue, and probably win because our judicial system is a joke.

Conclusion: Shoot to kill. The dead cannot testify.

I can't think of the particular statute, but Louisiana protects the person who uses deadly force to protect himself from civil lawsuit by the guy he shot and his family.

 

[Akajun]

I can't think of the particular statute, but Louisiana protects the person who uses deadly force to protect himself from civil lawsuit by the guy he shot and his family.

Will still not stop you from getting sued, Anyone can file suit, hoping you will just throw em something to make em go away or they think they have a way around it. You may win in the long run, but it will be expensive and time consuming.

 

[Nolacopusmc]

This is a total what if scenario, some things may or may not happen due to circumstances but you should be prepared for all of them.

First thing is you will be questioned by the police at the scene, your gun possible taken as evidence. You may or may not be arrested depending on the circumstances.
You will be proabably called in at a later date and time to answer more questions by police.
You will probably be brought before a grand jury, and may have to testify before the grand jury.
If a criminal trial ensues, that is pretty much self explanitory.

Next, probably at the end of the criminal investigation definatly with ing the next year YOU WILL BE SUED by the person you shot or his heirs. Get with your homeowners insurance as who they are really after. Civil suit is also pretty much self explanitory.

And none of that may happen....or you may be taken down bvy the SWAT team. It could go anyway.

Generally though, AKAJUn is right, you are questioned, may or may not be handcuffed. Gun will most likely be held as evidence. You may or may not be booked. You may or may not go to trial. Could go a hundred ways whether you are right or wrong...welcome to the legal system.

 

[W1nds0rF0x]

Will still not stop you from getting sued, Anyone can file suit, hoping you will just throw em something to make em go away or they think they have a way around it. You may win in the long run, but it will be expensive and time consuming.

No. Dawg23 can clarify but as I understand a law passed after the AutoZone incident in Central if you are cleared of any charges by the grand jury ie: clean and clear self defense the family of the deceased can not sue you civilly in Louisiana.