Posted by hermannr: Think about it this way.
If you are actually confronted: Would a "reasonable person" have fear that he/she may have a felony committed on his/her person if they did not act?
Well, that's not
quite what it takes for justification.
Let me try to reword it a little:
Would a "reasonable person" have fear believe that he/she may will have a felony committed on his/her person at that time if they did not act?
"May" won't cut it, nor will the potential for harm at a later time.
Second, if that reasonable person were to "show" his/her firearm...do you really think that person comtemplating that potential felony would call the cops and complain that someone pulled a gun on him?
It does happen, and the fact that the accuser makes the call first and can describe you and your weapon puts you at a disadvantage.
No, because he has no idea that you are not an undercover cop yourself, and probably has a rap sheet a mile long and is on probation already.
If you didn't apprehend him he knows that very well, and unless he is wanted on outstanding warrants, his rap sheet is irrelevant.
You guys analyze things too much. No felon will call the cops, and if you pull the gun on someone not intent on doing you or yours harm, that is where you get in trouble.
Let's add a little more analysis: a third party who did not see whatever triggered your action and thinks that
you are the criminal may be the one to report you.
If you are aware of what is going on around you it should be very apparent if you have a real problem, or not.
The real tricks are to (1) to determine wether you are in imminent danger and that you have no safe alternative but to use deadly force--before it's too late;
and (2) to be able to produce evidence to that effect after the fact.
Just because a person is different than you are does not mean he/she is a felon, that is not a proper observation.
Excellent observation, but even if he is a felon, you may not be justified in using deadly force.
You need to see signs of intent...
Intent to commit a forcible felony and/or to cause death or serious bodily harm, yes, plus
ability, plus
opportunity, and you must have
no alternative.
First thing in a felons mind is when they see the gun is: Is that person a cop? If so I need to get out of here fast.
Maybe, unless they really need a gun, fast.
It has been suggested that the OP consult an experienced defense attorney. There are a lot of practicing defense attorneys out there, but very few have very much experience in conducting affirmative defenses in self defense cases, and most law curricula include little on the subject. A good attorney faced with that prospect is likely to need to bring in experts, should their clients be unlucky enough to be facing charges.
Here are some of the resources that they may bring to bear: (1)
this paper written for attorneys on the subject; (2) attorneys whose firms have arranged for them to attend at least the MAG 20 Classroom portion of
this set of classes, or if things really get nasty, the experts who teach it; and (3) resources from the
Armed Citizen's Legal Defense Network.
...not to mention a lot of research into the relevant appellate court decisions in the state, perhaps from preceding decades and maybe going back a century plus.
Not long ago, I interviewed a number of local defense attorneys with the idea of having their names handy should the need arise. While all were highly regarded within their respective fields of practice, none really met my needs or expectations.
