Help needed! Injured someone in self defence
- Thread starter huh
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MelancholyMutt
Doggy Style
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What I can't understand is...
You stick someone with a knife, or shoot someone with a gun, the police will want the knife or gun... held as evidence...
If they have you, they will book you and wait for the prosecutor to decide whether or not to hold you. You got one guy with knife wounds, one guy with a knife... and a few statements. In most locales, they will charge you and then wait for the lawyers to sort it out.
A lot of holes in the story.
You stick someone with a knife, or shoot someone with a gun, the police will want the knife or gun... held as evidence...
If they have you, they will book you and wait for the prosecutor to decide whether or not to hold you. You got one guy with knife wounds, one guy with a knife... and a few statements. In most locales, they will charge you and then wait for the lawyers to sort it out.
A lot of holes in the story.
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Plus if he was pounding your face, as you say he was, how the heck did you have time to draw? if I had ambushed you like that, I sure wouldn't let up, and give you time to add a weapon to the situation... holes there are, but perhaps we juat didn't hear the whole truth.
Gollnick
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I'm not a lawyer, no.
The case suggested here is classic. Everyone should know how to react if they're caught in such a situation.
First, you have NO obligation to give any aid to your would-be attacker. In fact, doing so will hurt your case. How could you have been in mortal fear of this man one second and then felt such compasion for him the next that you administered first aid?
Second, you MAY leave the scene... if you don't feel that it's safe for you to stay there. This is not fleeing a crime scene, it is a continuation of your self-defense. Just proceed immediately and directly to the nearest place where a reasonable person would feel safe and summon authoriities from there.
Third, assert self-defense from the very beginning. When you make that 911 call, say, "A man attacked me, threatened my life, and I acted in self-defense by shooting/stabbing/kicking/whatever him.
Fourth, get your story straight. If you've got time to sit down and actually write it out, that's the best thing you can do.
Fifth, don't make detailed statements to authorities. If questioned, just assert that you are to upset, traumatized, etc., to make a statement right now. It's actually good to say things like, "I'm very upset. I'm not thinking clearly right now. I need to calm down." These sorts of statements establish a temporarily impaired mental state which your attorney can use very effectively.
Sixth, you will almost certainly be arrested. That's fine. Expect it. Don't panic. Arrest is not conviction. Remember, the police are just doing their duty. Be polite and cooperate physically.
Seventh, when someone says, "You have the right to remain silent," do so. When someone says, "You have a right to an attorney and to have an attorney present when questioned," assert that right.
Eighth, get a good attorney on your case immediately. I know it costs money, but what are twenty years of your life worth?
Ninth, resist all pressure to anwer questions or make a statement. A common tactic is, "I'm sure that this is just a simple misunderstanding. If you'll just answer a few simple questions for us, we can clear this all up easily and you'll be on your way." This is not a simple misunderstanding. A man has been stabbed. You are under arrest. It will not be cleared up with a few quick questions. Politely assert your right to an attorney.
Tenth, be very consistent in everything you say. Tell the same story every time. If you can't remember something, say so. It's ok to say, "It was a horrible experience, I was under huge stress, I don't remember what color shirt he was wearing. I was trying to save my life, not evaluate his fashion choices." If you're not sure about something, you can say that too, "I seem to remember that his shirt was blue, but I'm not sure about that, not sure at all."
Even if the poster in this thread is just making the story up, and we certainly have seen that happen here on bf.c before, it's still good for all of us to take this opportunity to review how to handle this sort of a situation if any of us does actually find ourselves in one in the future. Think of it as a fire drill.
The case suggested here is classic. Everyone should know how to react if they're caught in such a situation.
First, you have NO obligation to give any aid to your would-be attacker. In fact, doing so will hurt your case. How could you have been in mortal fear of this man one second and then felt such compasion for him the next that you administered first aid?
Second, you MAY leave the scene... if you don't feel that it's safe for you to stay there. This is not fleeing a crime scene, it is a continuation of your self-defense. Just proceed immediately and directly to the nearest place where a reasonable person would feel safe and summon authoriities from there.
Third, assert self-defense from the very beginning. When you make that 911 call, say, "A man attacked me, threatened my life, and I acted in self-defense by shooting/stabbing/kicking/whatever him.
Fourth, get your story straight. If you've got time to sit down and actually write it out, that's the best thing you can do.
Fifth, don't make detailed statements to authorities. If questioned, just assert that you are to upset, traumatized, etc., to make a statement right now. It's actually good to say things like, "I'm very upset. I'm not thinking clearly right now. I need to calm down." These sorts of statements establish a temporarily impaired mental state which your attorney can use very effectively.
Sixth, you will almost certainly be arrested. That's fine. Expect it. Don't panic. Arrest is not conviction. Remember, the police are just doing their duty. Be polite and cooperate physically.
Seventh, when someone says, "You have the right to remain silent," do so. When someone says, "You have a right to an attorney and to have an attorney present when questioned," assert that right.
Eighth, get a good attorney on your case immediately. I know it costs money, but what are twenty years of your life worth?
Ninth, resist all pressure to anwer questions or make a statement. A common tactic is, "I'm sure that this is just a simple misunderstanding. If you'll just answer a few simple questions for us, we can clear this all up easily and you'll be on your way." This is not a simple misunderstanding. A man has been stabbed. You are under arrest. It will not be cleared up with a few quick questions. Politely assert your right to an attorney.
Tenth, be very consistent in everything you say. Tell the same story every time. If you can't remember something, say so. It's ok to say, "It was a horrible experience, I was under huge stress, I don't remember what color shirt he was wearing. I was trying to save my life, not evaluate his fashion choices." If you're not sure about something, you can say that too, "I seem to remember that his shirt was blue, but I'm not sure about that, not sure at all."
Even if the poster in this thread is just making the story up, and we certainly have seen that happen here on bf.c before, it's still good for all of us to take this opportunity to review how to handle this sort of a situation if any of us does actually find ourselves in one in the future. Think of it as a fire drill.
Gollnick
Musical Director
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By the way, there is no need to delete this thread. It's a good thing. The very title of it says, "Self defence (sic)." In fact, the spelling error is great since it shows your paniced mental state.
Here, you did just what I've suggested. You wrote your story down just after it happened. You asserted self-defense. You did just what a person who had just been involved in a self-defense situation would do: you sought advice.
At this point, Mr. Huh, I think you'd best not participate further in this thread. But the thread so far is just fine.
Here, you did just what I've suggested. You wrote your story down just after it happened. You asserted self-defense. You did just what a person who had just been involved in a self-defense situation would do: you sought advice.
At this point, Mr. Huh, I think you'd best not participate further in this thread. But the thread so far is just fine.
wolfmann601
Gone, but not forgotton. RIP Ira.
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Good Luck..............You have been given superb advice.
If it's true, just remember that you were in fear of your life and that of your wife.
Silence is golden when dealing with Law Enforcement...........
If it's true, just remember that you were in fear of your life and that of your wife.
Silence is golden when dealing with Law Enforcement...........
Chris Keller
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He may well be what he says, a student. Plenty of our academia believe the more nonsensical things of the Left, such as the idea that America uses 30% of the world's resources (true in a way, but most of those resources are renewable and come from here; and in a few years China will use much more) or the amount or number of nukes the USA has (the real figure is less than 30,000.)
The advice given is OK even if he is a fictitious character. About 7 years ago, I was in a similar situation when I clobbered someone with a ball bat.
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Gollnick, I do not believe this to be a spelling error... in Europe, "Defense" is spelled with a "c" as in "Defence," and as mentioned in the linked thread above, "Iraq" is spelled "Irak." So, either this N.C. student is from Europe, his grammar teachers were all from Europe, or he is indeed a "Euro-troll." Still, good advice from all above, that could one day come in handy.
LT
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FYI, NC does. Sounds to me, if his story is true, his initial comments when they hit his car (although probably what most people would do) escellated the situation, and made the guys want to hurt him. If he would have left it alone, then they would probablyl have gone about their business, and the stabbing wouldn't have happened.
Mike
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FYI, NC is not a CCW state. They are a CHP state. What does this mean? CCW stands for Concealed Carry Weapon, whereas CHP stands for Concealed Handgun Permit. CHP only allows you to carry a handgun concealed, nothing else. Of course this has no bearing on a regular pocket knife in the pocket, or a fixed blade in the open, but I just wanted to clarify the CCW, CHP idea.
Also, for your comment about protecting his property, NC law does not allow deadly force to protect property.
Mike
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I think it does allow if the attacker is in your home. I'm not fully aware of NC laws, but I have researched them. But NC is a shall-issue state (I was right about that). Sorry I got the terms mixed up.
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Here is how the law called the Castle Doctrine works, at least in NC. If you are in your home, and someone is attempting to gain entry, you can use lethal force if you feel your life threatened, even if that means shooting him through the door. If, however, you hear a noise in the night, and go to investigate and find an intruder perusing your kitchen, you must retreat to avoid him. You cannot shoot somebody just because they are in your house. If, however, he follows you to where you retreated, and attempts to gain entry there, then you can justifiably shoot him, even through the door. You cannot shoot somebody carrying your RCA TV out the door. If you go into your garage, and find somebody hot-wiring your car, you cannot even shoot out one of your tires to prevent him from leaving, because firing your gun is considered using lethal force, even though you weren't firing at him. The law is crazy, but it is the law. I am not a lawyer, but this was drilled into our heads when I took the CHP class a few years ago. As far as NC being a shall issue state, you are correct, I was just clarifying the difference between CCW and our CHP.
Mike
Cougar Allen
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Huh does not appear to be TTO. He does not appear to be a native English speaker, but that doesn't mean he isn't in North Carolina now. He is using AOL. That's all I can tell you at this point, but I'm still investigating....
Emanuel
Basic Member
Registered: Dec 2001
Location: To those fanatics who wear laundry on their heads: Today's washing-day, and the USA has got the machine!
Posts: 855
huh is a well-hated Anti-American troll from the politics forum.
You need not help him, it's doubtful anything he said is even true.
Read this thread:
http://www.bladeforums.com/forums/s...20&pagenumber=1
Basic Member
Registered: Dec 2001
Location: To those fanatics who wear laundry on their heads: Today's washing-day, and the USA has got the machine!
Posts: 855
huh is a well-hated Anti-American troll from the politics forum.
You need not help him, it's doubtful anything he said is even true.
Read this thread:
http://www.bladeforums.com/forums/s...20&pagenumber=1
The Tourist
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Huh,
Was the primary anal injury a blunt, lightly greased 2x4, held by an insane individual with a hearty laugh, wearing a parka trimmed in wolf fur?
Did you drop your mom's computer?
What did your lover say when he found out 'Disney Land' was closed?
Was the primary anal injury a blunt, lightly greased 2x4, held by an insane individual with a hearty laugh, wearing a parka trimmed in wolf fur?
Did you drop your mom's computer?
What did your lover say when he found out 'Disney Land' was closed?
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I have no Idea what you said in relation to this thread but my advice to you: Don't take advice from people online, other than get a lawyer, everyone has a opinion and it don't matter in court, even if you think you may not be arrested obtain a lawyer to cover your butt and be ready.
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Gollnick, this should be posted as a 10 commandments for being arrested. #5, and #7 get more people in trouble than any of the others, a persons nature is to want to talk about the incident, don't!
Keep your mouth shut and volunteer no more information than necessary, name, address, and so on.
I'm makin' the original post my wallpaper, and sending a copy of this post to everyone I know.