the investigators and the DA decides this. If it's lawful it never goes to court.As I stated in another thread, the law only states that you can not be sued in civil court IF your actions were lawful. Until you are brought before a judge and a judge rules them as lawful, you are open to lawsuits. The law says that if your actions were found lawful in a civil case, you are entitled to reasonable lawyer fees, court costs and any lost wages or income due to the lawsuit, but good luck getting that money.
This is true...actually, several to the pelvisJust remember, one to the hip.
Incorrect. Until its ruled lawful in a court of law it is considered just an opinion. Therefor you can still be brought to a civil trial even if you were never charged. That is exactly why they put section H into TITLE 21 § 1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER. If you could not be sued unless charges were brought, then section H would not exist.the investigators and the DA decides this. If it's lawful it never goes to court.
And, as stated in the other thread, you need to read the actual law. Aries quoted the pertinent section: "I believe the relevant section is page 42As I stated in another thread, the law only states that you can not be sued in civil court IF your actions were lawful. Until you are brought before a judge and a judge rules them as lawful, you are open to lawsuits. The law says that if your actions were found lawful in a civil case, you are entitled to reasonable lawyer fees, court costs and any lost wages or income due to the lawsuit, but good luck getting that money.
A person who uses defensive force, as permitted pursuant to the provisions of subsections A, B, D and E of this section, is justified in using such defensive force and is immune from criminal prosecution and civil action for the use of such defensive force.
If one lives in a state where that could be a concern, yeah. If the homeowner/guy defending himself is already in a grey area, a cupcake jury full of overweight Karens might look askance at his weapon.your home defense gun, or carry gun, should be plain jane, out of the box, no mods.
I sat thru a SD Course several years ago, the Attorney presenting had the position that Factory loads should always be used for Self Defense, due to a Prosecuting Attorney could and easily would claim to the jury that you had created the "Man Killer Bullets that were Devastating" and would get the Jury's attention with it. I decided then, I would use Factory for SD, Always. Better Safe than Sorry..
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