You might have been home when you were forced to protect your family from an intruder. Or you might have been getting into your car in the parking lot of a grocery store when an armed carjacker approached and forced you to draw your firearm. It doesn't matter where you were forced to defend yourself, the reality is, you had to, shots have been fired, and thank God you are the one still standing.
But your ordeal is far from over. Your first call needs to be to 911. Keep it short and to the point letting dispatch know you were the victim of a crime. Give them the address, a brief description of what happened, request medical assistance for yourself and your attacker and politely hang up.
Your next call is to your lawyer. You do have a lawyer right? Maybe through your connections at VCDL or services such as U.S. LawShield? Either way, if you carry a gun, this is something you need to carefully research and have a plan for. Because the next thing that is going to happen is you are going to be answering questions from the police, and no matter how in the right you may be, you're probably going to be going to the station with police.
CALLING 911
"Keep things as static as you can until authorities arrive," is the advice Georgia attorney Matt Kilgo says. "Don't talk to anyone else that you don't want to become a possible witness. Control the narrative. Don't make more witnesses who may be unpredictable on the witness stand. Talk to your lawyer instead."
And no, don't drag any bodies inside the house or place a weapon closer to an incapacitated attacker, as some people jokingly suggest.
"I don't recommend touching the body at all," Kilgo advises. Disturbing evidence suggests guilt and heightens the chances of being charged with another crime. You'll make a mess of your floors as well as your case.
Some attorneys caution against giving medical aid to the offender. First, because trying to resuscitate someone you just shot may cut against the claim that you felt threatened. But also, a sly prosecutor could suggest it shows consciousness of guilt. And from a practical standpoint, you never know if the perpetrator is alone or if there are others, so staying vigilant until police arrive is critical.
SILENCE IS GOLDEN
It may not feel natural to call for help, and then fall completely silent as a 911 operator asks you for details. Police, when they arrive, might not be happy about it either, but that's not your problem. Your job is to look out for yourself, not them. You're protecting yourself from a future trial, and for that, silence never hurts and talking rarely helps.
There are many reasons for this.
First, because you can. Silence is an ironclad right recognized by the justice system as belonging to every potential defendant. You can't get in trouble for staying silent. Prosecutors can't even tell the jury you refused to talk.
Second, because silence is your first weapon in protecting yourself now that you will become embroiled in the justice system. It isn't sexy and doesn't come in blued finish or adjustable night sights, but it does provide the time every person needs to process such a traumatic situation and then go through the scenario first with their attorney to make sure their story is accurate and true to the details so the truth can be properly relayed.
Third, you know this from the crime shows, any statement you make can be used against you in court. That's especially true right after events happen since people in general, certainly juries, assume you're more truthful when you've had less time to concoct a story.
"The only thing you can do is make the facts worse," says Kilgo. "Silence will make them better. Don't speak in a way that undermines your actions. The only person you should speak to is the person who has your best interests at heart—your lawyer." Remember, your right to speak to an attorney and remain silent are not just for criminals. These rights are protected by the U.S. Constitution for everybody.
Fourth, because you are likely to make a mistake, and even an honest mistake could spell trouble for your court case.
"Adrenaline is not a truth serum," Kilgo adds. "In the heat of the moment, humans experience tunnel vision, memory occlusion and elevated vital signs." There's virtually zero chance your perception, memory and recall will all be intact and functional after the most savage and excitable moments of your life.
CLOSING ARGUMENTS
Even if you survive a deadly force encounter, the biggest fight of your life may still be ahead of you. Don't assume it won't happen to you, and don't assume your wellbeing is the priority for 911 operators, police, prosecutors, judges or jury. Yes, maybe you know your local sheriff and he's a good egg. But maybe it's also an election year and maybe you only get one vote.
In the end, there isn't a universal formula for what to do in a defensive shooting. If there was, you wouldn't need a lawyer. There's an infinite number of possibilities, and you can't what-if them all. Instead, stick to the general principles laid out in this article. Re-read it if you can and share it with members of your household. Train up like you would at the range.
—David Burnett
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