Someone may start off as not an imminent unlawful threat, then become an imminent unlawful threat, then cease being an imminent unlawful threat. It’s analogous to a window that’s shut, then open, then shut again.

The privilege to use defensive force exists only when that “window” is open. Prior to the window opening, no defensive force is justified. Similarly, after the window is closed, no defensive force is justified. The privilege to use defensive force ends when the threat is no longer imminent. //

It’s important to remember that what controls your legal destiny under this justification is not your sense of what was reasonable. Rather it is the sense of reasonableness of other people that control your fate—that of the police, the prosecutor, the judge, the jury. If you believe you acted reasonably, but they believe you acted unreasonably, it’s their determination that sends you to prison regardless of what you believed. //

REMEMBER
You carry a gun so you’re hard to kill.

Know the law so you’re hard to convict.

Stay safe!

–Andrew

Attorney Andrew F. Branca
Law of Self Defense LLC