First of all do not try to give any aide to your attacker. I know that that sounds heartless. But, four things are true. First, he attacked you and really has no reason to expect you to help him. Second, he may not be dead. He may be "playing possum" trying to lure you in. Just because he dropped his knife, doesn't mean he doesn't have another one. Third, it'll be hard to convince a jury that one second you were so filled with fear by this guy that you felt the need to use deadly force against him and a second later you were so filled with compassion for this same guy that you tried to give him first aide. And, fourth, the fact that the guy has attacked you is reason to believe that he may not be entirely sane. If suddenly regains conciousness, he could mistake you and your attempts at CPR for a man-eating monster from Mars trying to suck his brains out and in a curious twist, he could try to defend himself against you.
Leaving the scene of a crime will only make the situation worse legally. As has been suggested, you don't know if the situation was witnessed or even video taped. But there is one important exception. You may leave if you feel, with reason, that you're in danger just by staying there. Well, you were just attacked violently, you life was threatened. That's a pretty good reason to not feel safe sticking around. So, it's ok to leave, but don't go to far. Go to the nearest place where a reasonable person would feel safe and make your phone calls from there.
Tell the 911 operator that you were attacked and that you defended yourself, that you have been injured, and that you think you may have injured your attacker. Don't try to go into any details with the 911 operator. But, be very assertive that you were attacked and that you acted in self defense. This conversation is being taped. That's a good thing. Your lawyer can play it for the jury and say, "see from the very first moment, my client asserted that he was attacked and that he acted in self-defense." This is also why you tell the operator that you think you might have injured your attacker, not that you think you killed him. Again, your lawer will say, "my client didn't set out to kill this guy."
Once you've given the 911 operator the necessary information, where you are, where the incident happened, etc., hang up. Now, call a lawyer. Now, it doesn't really matter what kind of lawyer you call. Ultimately, you're gonna want a criminal defense lawyer, preferably one who specializes in justified use of force. But, if you don't know one, call any reputable lawyer you know. They can always refer you to a good lawyer for your special needs. If the only lawyer you know is the one who handled the closing paperwork on your house, call. Right now, any lawyer is better than no lawyer. You can get a better lawyer later.
Be factual with the police. Tell them what happened, but stick strictly to the facts. Repeat again and again that you were attacked and that you're certain that your attacker intended to seriously hurt you if not kill you. Repeat again and again that you acted in self-defense.
Once you hear the words, and you're going to hear these words, "You're under arrest," stop talking. From that point on, all you say is, "I would like to cooperate fully with you, but my lawyer told me that if I was arrested I should not answer any questions or make any further statements until he's present. So, on advice from my lawyer, I have to decline to answer your questions until he's present." The last place a police officer wants to get is between a lawyer and his client. That's not a safe place for a police officer to be.
You might ask, "Why would I be arrested? I acted in self-defense?" Well, innocent by reason of self-defense is a judgement. Police officers don't make judgements in criminal matters. That's for courts and juries and judges to do. The officer's duty is to arrest you. The court will decide if your acts were self-defense. That's the way it should be. What would you think if the fight had gone the other way and you were dead and the guy who attacked you managed to con the officer into believing that you had attacked him and that he had acted in self-defense? It's best that judgements in these matters be left up to courts.
Sometimes, police will try to get a statement from you by saying, "This is just a big misunderstanding. If you'll just answer a few simple questions, we can clear this whole thing up and you can walk out of here right away." It's not a simple misunderstanding. It's a serious situation. You could end up in prison. It's best to wait for a lawyer and handle it formally. Be sure to let them know that you have called your lawyer.
If an officer tries getting in your face, complain that you're suddently not feeling well and then fake that you're gonna throw up. No officer is going to stand there and have you throw up on his clean shirt, so he'll back off a bit. It's a stupid tactic, but so was getting in your face like that.
If they really start to press on you, complain that you're having chest pains that are starting to shoot down your left arm. They know you're faking, but they can't take the chance. You'll probably be taken to a hospital for examination.
The whole point here it to sit tight until your lawyer comes.
Well said.
