Damn If You Do ~ Damn If You Don't
Something to think about here.
Burglar enters home gets shot by homeowner.
Curtain comes down.
All is well ...
Or isn't. :confused:
From a Criminal law standpoint-
2. First words out of mouth
"Officer, that man attacked me. I will press charges against him. You will have my full cooperation once I speak with my attorney."
Then shut up, other than your name, address, etc.
From a CIVIL law side-
1. Notify your homeowner's insurance carrier, and your liability or umbrella policy carrier if you have one.
2. File civil suit against him for pain and emotional distress generated by attacking you (and on behalf of YOUR family). Sue for damages of cleaning up body fluids in your home. If his family DOES sue you, there is a countersuit on the books. Yeah, I know you will never collect from him- but it is preventive medicine for other suits. Your state MAY have a "victim of crimes" fund.
3. Have a backup gun- yours may be staying in the state crime lab a while.
4. Ask your homeowner's carrier for referral to a biohazard company to clean former perp from walls and carpets. No, the PD does not do that- and you do not want to, either.
FROM A CIVIL LAW STANDPOINT:
Find out what your local/state laws are and how to handle the civil repercussions. Often, what you will want to do is simply state to the LEO's on their arrival: "Officers - arrest that man, etc." even though he appears obviously dead as a doornail. If he is dead and inside your home it may happen. If he is still alive and inside your home it will for sure happen. If you are out in the streets you need to try and get witnesses to stay around AFTER you holster your gun. INSIST he be arrested if there is any backpressure. Repeat that you were afraid for your life. You are absolutely right about the gun thing.. odds are that your gun will be taken from you along with your permit as evidence. Request another permit immediately if you don't get yours back. Have a second firearm for protection as the bad guy may have friends. Personally I would not advise my insurance company(ies) until necessary (i.e. receipt of a claim from the family of or from the decedant). It is crass to have your attorney issue a notice of claim to the decedant's family if he is indeed deceased. He was a father, brother, son, etc., and their attorneys will paint him as such and paint you as a greedy bastard.... and, well, you get the picture. Your attorneys will advise in this regard. If the perp survived, personally, I would have my attorney immediately issue a notice of claim for damages. If charges were not laid, I would make sure they got laid. THAT on its own is a huge part of being 'off the hook'. If you are lucky the perp will have a long record but often that long record is inadmissable at trial as being prejudicial. (He paid his debt to society, right?) If he is on parole, however, THAT is very admissable as it is generally of public record even though prejudicial.
I do not profess to be an attorney. Just sharing some of the goodies I have picked up over the years taking loads of lethal force training. It pays.
One last thing. Make sure the blood spatters are on the INSIDE of your home if that's where it goes down and point same out to the police repeatedly "I can't live here anymore with his blood all over my walls". Repeat as necessary until written down.
Get as much training under your belt as you can and if your state has a CFP defense fund take a close look at it. You may win the battle but lose the war as they say.... you can expect that if you are charged it is going to cost you anywhere from $25K to $200K to try and get out of the pickle juice.
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