Will I go to Jail if Shoot Intruder

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goodoboy

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Hello,

In the gun store today when looking at guns, the salesperson ask me do I have USLawSheild which protects me with lawyer and court fees, if I shoot some one during a home invasion protecting myself and family.

He said, I will go to jail if I shoot and kill someone during a home robbery or invasion and the person family can sue me. And I need to be ready for court and lawyer fees, so I better get some kind of self defense lawyer protection monthly fee.

Is this true? Sounds weird to me. I shoot someone breaking in my home, and I go to jail.

Thanks
 
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A lot depends on the state you live in. Certain states have "Castle" laws which allow you to use deadly force in the defense of your home or vehicle. Some only allow you to defend yourself if your life is in eminent danger and you have no means of escape. Others do not allow deadly force under any circumstance. As to civil action, anyone can sue you for anything and, regardless of merit, it will cost you a sizable sum to defend yourself.

USLawShield is insurance, pure and simple. Whether it is worth the price or not is for someone else to determine.
 
Last month I took my renewal class, and the instructors did some time on this topic. They are the same instructors I’ve had for the last 10 years so I do trust them. There is a difference between “Insurance” and the ‘Membership’ types of Legal Protection. A lot has to do with whether they cover costs up front for you or reimburse you. You definitely need to research.

I signed up with Firearms Legal Protection (FLP) during that class and it was sold by the Instructors I mentioned. It is a Membership type...sort of like a Co-Op structure. A lot of people, probably most, don’t have any legal coverage outside of their Homeowners policy or their Umbrella policy. I pay $20 a month and I have Legal coverage in any State where my Permit is valid...which is some comfort to us.

Tomorrow night I’m going to a Seminar at my Range put on by one of the guys running FLP...They are covering legal rights, what to expect after a shooting, etc.

What is the difference between prepaid legal services like Firearms Legal Protection and insurance?

Pre-Paid Legal Services - A pre-paid legal services membership covers attorney fees incurred by a member who lawfully uses a firearm in self-defense. Most of these plans only cover attorney fees, not expert witness or investigator fees or charge extra for this protection. These fees and many others are included in Firearms Legal Protection premium plans.

Under a pre-paid legal services plan, normally your attorney is located and provided for you. Some insurance plans make a big deal about this, but it is done for many reasons, one is the plan providers have researched and should have contracted with attorneys who are experienced in Criminal Law and/or have notable experience handling firearm self-defense cases. This is the case with Firearms Legal Protection. We are proud to offer local, experienced Criminal Law attorneys and/or attorneys who specialize in firearm self-defense cases. With Firearms Legal Protection you always retain your right to reject your attorney and ask for another one.

Insurance Plans

In short, if you purchase a self-defense insurance plan and subsequently use your firearm in self-defense, you personally will pay attorney fees and expect to be reimbursed up to the limits of the policy. Your reimbursement is contingent on being fully acquitted or if the charges are dropped before trial. If you are not acquitted or the charges against you are not dismissed but instead you enter into a plea bargain with the State or go to trial which ends in a hung jury or a conviction, the legal fees you have already paid for your criminal defense will not be reimbursed.

Your criminal trial also affects insurance coverage for any civil case brought against you. If you are found guilty at trial or accept a plea bargain, your civil insurance coverage ends. And, the normal course is for the insurance carrier to choose and hire the attorney handling your civil trial. Further, under most insurance policies the insurance carrier has the right to settle any civil matter or case without your permission.

Is Firearms Legal Protection considered insurance?
Absolutely not. Obtaining legal services through Firearms Legal Protection membership is not considered insurance but rather a legal protection service plan providing uncapped payment for attorney fees. You never pay a deductible or co-pay as you are required to do with most insurance plans.

How is your program different from other legal services programs?
Firearms Legal Protection differs in three ways:

1) We pay your attorney fees directly for both criminal and civil actions. Unlike most legal protection plans, we are not an attorney reimbursement system.

2) We take the time to research and provide you with a local attorney who is experienced in Criminal Law, and/or has experience handling firearms related incidences where self-defense occurs.

3) We provide the most comprehensive protection at the lowest price while never sacrificing member service.
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It's certainly possible, but I wouldn't say it's a certainty, that you could go to jail for defending yourself, especially if the facts/circumstances are less than clear. Same with civil suits. In some jurisdictions with Castle Doctrine/Stand Your Ground laws, certain presumptions are in place that help protect people from such things. Some jurisdictions also provide immunity from civil suits if the shooting is deemed justified. It's important to know the law where you live.

As far as legal protections, I'm a member of ACLDN. They provide financial assistance, have a network of lawyers, will provide expert witnesses if necessary, and cover you for self defense whether a firearm was used or not. They also provide a lot of educational materials. There are lots of organizations around. It's best to do your research and find an organization that meets your needs.

If you're interested in getting Ayoob's Deadly Force book mentioned, let me know. I have an extra copy and I'd be glad to send it to you.
 
A lot of it depends on your state or city. If you're in a gun friendly area, then they won't be gung-ho to prosecute. If you live in a city where the D. A. wants to make a name for him/herself, then it may be different. I live in Alabama and I wouldn't worry about being prosecuted. Had a lady shoot (not fatally) her estranged husband this week and most were upset she didn't kill him.
 
A lot depends on the District Attorney, but here's my take.
Insurance, nice to have, but you never want to use it.

If you kill someone in your home and the cops arrive, they have a murder to solve. You did it, so that's an issue for you. You are guilty at that point, now you have to justify it. Sometimes that's easy, sometimes not so easy, especially if the intruder isn't dead.


I took my defense and other courses years ago. The LT of a local police department was giving his spin on concealed carry, home defense, etc. He is all in favor of you protecting yourself, but you'd better be prepared to defend yourself after the fact. If you are innocent, depending on the DA and circumstances, you could spend $75,000 clearing up that legal mess Then there's the civil matter.

You just killed an armed intruder, who was threatening your family's safety. Unfortunately for you, he was also the sole provider for a family of his own and they are seeking recourse. So, they take you to court for killing the only source of income they had.

So, yeah, the costs can add up. Walk away and when possible, run. If an intruder comes into your home, you don't have much choice. Stand your ground, protect your family, but don't "hope" the rest will work itself out. Hope isn't a strategy. Chance favors the prepared mind. For instance:

You just shot someone in your house. Once your family is secured, you must immediately call for medical assistance for the intruder, or you're I trouble. But keep your mouth shut!

You call 911 and say,"A man has been shot and needs medical assistance. My address is XXXXX." Then hang up. You've done everything you're require to do. Then dial your attorney, who you already know has self defense experience. Don't say, "I just killed a guy who was threatening my family!" When the police arrive, the only facts they'll be able to confirm is that a man is dead and you've already confessed to his murder. That's a problem for you. The Supreme Court has ruled: A police officer's duty is not to protect and serve. It is to enforce the law and that's what they'll do when they arrive.

Stay safe.
 
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josywales said:
A lot depends on the District Attorney, but here's my take.
Insurance, nice to have, but you never want to use it.

If you kill someone in your home and the cops arrive, they have a murder to solve. You did it, so that's an issue for you. You are guilty at that point, now you have to justify it. Sometimes that's easy, sometimes not so easy, especially if the intruder isn't dead.


I took my defense and other courses years ago. The LT of a local police department was giving his spin on concealed carry, home defense, etc. He is all in favor of you protecting yourself, but you'd better be prepared to defend yourself after the fact. If you are innocent, depending on the DA and circumstances, you could spend $75,000 clearing up that legal mess Then there's the civil matter.

You just killed an armed intruder, who was threatening your family's safety. Unfortunately for you, he was also the sole provider for a family of his own and they are seeking recourse. So, they take you to court for killing the only source of income they had.

So, yeah, the costs can add up. Walk away and when possible, run. If an intruder comes into your home, you don't have much choice. Stand your ground, protect your family, but don't "hope" the rest will work itself out. Hope isn't a strategy. Chance favors the prepared mind. For instance:

You just shot someone in your house. Once your family is secured, you must immediately call for medical assistance for the intruder, or you're I trouble. But keep your mouth shut!

You call 911 and say,"A man has been shot and needs medical assistance. My address is XXXXX." Then hang up. You've done everything you're require to do. Then dial your attorney, who you already know has self defense experience. Don't say, "I just killed a guy who was threatening my family!" When the police arrive, the only facts they'll be able to confirm is that a man is dead and you've already confessed to his murder. That's a problem for you. The Supreme Court has ruled: A police officer's duty is not to protect and serve. It is to enforce the law and that's what they'll do when they arrive.

Stay safe.
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Thanks for the explanation.

Sounds like alot of work if someone breaks in your house. Perhaps its better to raise the window up and just run out the back yard through the fence and let the intruders do what they need to do.
 
ContinentalOp said:
As far as legal protections, I'm a member of ACLDN. They provide financial assistance, have a network of lawyers, will provide expert witnesses if necessary, and cover you for self defense whether a firearm was used or not.
Click to expand...

Thanks ContinentalOp,

Who else provides insurance coverage for self defense?
 
He said, I will go to jail if I shoot and kill someone during a home robbery or invasion and the person family can sue me.

I can tell you that I would have to wait until after-because if someone does the above, and it's a jailable situation, I want to be the one in jail, cause I'm not gonna talk it over with the home invader to see what he thinks. Fear is a mighty poor sales technique. JMHO.
 
josywales said:
A lot depends on the District Attorney, but here's my take.
Insurance, nice to have, but you never want to use it.

If you kill someone in your home and the cops arrive, they have a murder to solve. You did it, so that's an issue for you. You are guilty at that point, now you have to justify it. Sometimes that's easy, sometimes not so easy, especially if the intruder isn't dead.


I took my defense and other courses years ago. The LT of a local police department was giving his spin on concealed carry, home defense, etc. He is all in favor of you protecting yourself, but you'd better be prepared to defend yourself after the fact. If you are innocent, depending on the DA and circumstances, you could spend $75,000 clearing up that legal mess Then there's the civil matter.

You just killed an armed intruder, who was threatening your family's safety. Unfortunately for you, he was also the sole provider for a family of his own and they are seeking recourse. So, they take you to court for killing the only source of income they had.

So, yeah, the costs can add up. Walk away and when possible, run. If an intruder comes into your home, you don't have much choice. Stand your ground, protect your family, but don't "hope" the rest will work itself out. Hope isn't a strategy. Chance favors the prepared mind. For instance:

You just shot someone in your house. Once your family is secured, you must immediately call for medical assistance for the intruder, or you're I trouble. But keep your mouth shut!

You call 911 and say,"A man has been shot and needs medical assistance. My address is XXXXX." Then hang up. You've done everything you're require to do. Then dial your attorney, who you already know has self defense experience. Don't say, "I just killed a guy who was threatening my family!" When the police arrive, the only facts they'll be able to confirm is that a man is dead and you've already confessed to his murder. That's a problem for you. The Supreme Court has ruled: A police officer's duty is not to protect and serve. It is to enforce the law and that's what they'll do when they arrive.

Stay safe.
Click to expand...

Not an entirely accurate coverage, especially the "they have a murder to solve" Murder is a criminal act. The homeowner who lawfully defends himself has not committed a murder. They have a homicide to investigate (the death of a person at the hands of another person) which may be justified or unjustified.

And yes, more information should be given during the initial call such as " a man broke into my home and threatened/attacked me and/or my family" Try being a cop rolling on a shooting where the shooter and or offender is unidentified and all you have is "someones been shot" . You want them to have information that helps sort out the wheat from the chaff. I'm not talking about a complete blow by blow description but a means to identify yourself as the victim/good guy.
 
Thanks all,

What is the best home self defense insurance for myself.
 
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Just a suggestion: in order to get the best advice with the least amount of back & forth, identify your location. "Inner City" in your profile may be intended as amusing, but actual City and State would provide much more useful info for questions like this, as well as for questions about the value of a firearm (very location dependent) or where to find ammo, or where to find a gunsmith or any number of other questions you might have.
Just an opinion to consider. ;)
 
Anytime you use a gun then you can reasonably expect you might go to jail. It all depends on what went down and what you did and what you said to the cops.
One man waited in his basement for possible robbers and he killed them both. Because of his actions and his mouth he got a long time in prison.
There has been more than a few that used their guns in their homes supposedly for self defense that ended up in prison.
It has been said if you are involved in a shooting and you need legal counsel then you better have at least 25 grand to start out with.

I had Texas Law Shield but changed a few years ago to CCW Safe which pays more and in most cases will not cost me a dime out of my pockets. $140 a year and not need it or have no legal coverage and possibly pay out 200 grand. What! You don't have 200 grand you can use? That's a no brainer decision for me to make. Read all of the contract before you get a rude awakening should you need to use it. Like anything buyer beware. Assume nothing because you only get or don't get what the contract states.
Do you have car, home, theft insurance or do you even have a fire extinguisher? Yet you might think as little as $140 a year for legal defense is uncalled for.
 
This thread is a dumpster fire.

goodoboy said:
Thank you, I live in a Stand Your Ground state, so that means I do not have to retreat and hide right?
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Read a Mas Ayoob book. As in, pop on Amazon and order it now. You need to. In the Gravest Extreme and Deadly Force: Understanding Your Right to Self Defense.

Short version, "Stand Your Ground" has nothing to do with your house. The "Castle Doctrine" refers to not having a legal obligation to retreat inside your home, while SYG refers to not being legally-obligated to retreat everywhere else.

However, just because there's no legal obligation doesn't mean retreat isn't the smart thing to do.

On top of that, not having a duty to retreat doesn't suddenly mean lethal force is justified. The majority of states, I think--I haven't sat around and counted--still require the subject to be an immediate, unavoidable, grave threat. At least a few, in the statutes, at least, allow for lethal force against intruders without an overt threat. But again, that's not a kite I'd try to fly.

Sounds like alot of work if someone breaks in your house. Perhaps its better to raise the window up and just run out the back yard through the fence and let the intruders do what they need to do.
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Uh, yeah. Not killing someone is always preferable to killing someone, even if they're real jerks.

Basically, you're asking the "Can I shoot someone if..." questions. Wrong thing to ask. It's the sort of question that makes CCW instructors figure out how to fail you (presuming they don't just call the issuing authority and report that you're completely insane). The correct question is, "Do I have to use lethal force?".

Here in Oklahoma....the CCW instructor...had these words to repeat....when the law arrives...."I was in fear for my life".....castle doctrine takes care of the rest
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It friggin' blows my mind that someone could work as a CCW instructor of some sort, and be that...for lack of a better term, stupid.

"I was in fear!" isn't magical legal teflon. You can babble about it all you want, your actions still have to meet the criteria of reasonableness.

bohica793 said:
A lot depends on the state you live in. Certain states have "Castle" laws which allow you to use deadly force in the defense of your home or vehicle. Some only allow you to defend yourself if your life is in eminent danger and you have no means of escape. Others do not allow deadly force under any circumstance. As to civil action, anyone can sue you for anything and, regardless of merit, it will cost you a sizable sum to defend yourself.
Click to expand...

(1) Castle Doctrine has nothing to do with defending your property. Speaking of which, while there are a few defense-of-property states out there, I sure as hell wouldn't recommend trying it.

(2) Please point out to me which of these 50 states makes no provision for using deadly force in self-defense.
 
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