The Truth about Shooting in Self-Defense
If you are a gun owner, you’re most likely familiar with the 2nd amendment, which assures you the right to protect yourself and your family from harm. Most people would act in their own self-defense if worried for their life or well-being, and probably even more so if it is a loved one whose life is threatened. Besides being granted this right by the law, our instincts to fight kick in when we legitimately believe we are in danger. However, if you are a gun owner or have used a gun in self-defense, you should know the following:
- California law requires that you “reasonably” believe you are in danger of serious harm. The difficulty here is that what is reasonable can be somewhat subjective.
- You also must demonstrate that you used the least force possible to stop harm from occurring. It can be very tricky to decide in a split second whether you need to use a firearm to defend yourself or if you could survive using a less deadly weapon. Most of us want to be safe, and will choose the firearm, but it can be easy to second-guess that later.
Firearm use is such a controversial topic that even in cut and dry cases, prosecutors or special interest groups may try to twist the truth and make you seem like the villain in the case, when you actually were the victim.
Don’t assume that just because you know you acted rightly in self-defense, others will as well. If you were forced into a situation of having to shoot someone in self-defense, call the San Jose criminal defense lawyers at the Law Office of Daniel Jensen, P.C., today. Our dedicated and knowledgeable attorneys can be reached at (408) 493-0082.