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Competition, Tactics & Training
Self Defense & Handgun Carry
Knifes for self defense ?
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<blockquote data-quote="jej" data-source="post: 1007273" data-attributes="member: 5563"><p>I don't want this construed as legal advice in OK or any other jurisdiction. For that, you need face-to-face time with your lawyer. Not a lawyer, yours, in the jurisdiction where it happens. This is just general rules to consider.</p><p></p><p>The answer will be fact dependent. You will have both criminal and civil exposure. You are describing the use of deadly force. I have read a lot of your posts here, and I know you know about the subject, so is it safe to assume you are thinking of the civil side of the equation? </p><p></p><p>You know, of course, that at least one law enforcement agency will consider if there are facts to support charging you or the BG with a crime. Many jurisdictions have a separate statute that can be [very rarely] used to charge "maiming." Less serious than murder, more serious than assault with a deadly weapon, or attempted murder. </p><p></p><p>Assume you are convicted - civil liability is a near certainty.</p><p></p><p>Assume you are not convicted, not even charged - civil liability can be contested. Different factors enter into it. The two main differences are that you will be compelled to testify, and that the burden of proof is only a preponderance, not a beyond a reasonable doubt level. In both civil and criminal court, past actions both by BG and you will enter into it [though the specifics will be contested like everything else.] Both civil and criminal standards vary by jurisdiction. It can make a big difference being on one side or another of a state line when it comes to such allegations.</p><p></p><p>So, yeah, you may be sued. Maybe not if the BG is charged with a crime. Maybe not if you are judgement proof. Maybe not if the facts are all on your side that it was self defense, that you used the minimal amount of force to defend yourself from death or serious bodily injury. Maybe not if you have witnesses and the BG does not. A tort will be alleged by a plaintiff represented by a lawyer who does this on a contingent fee basis. That means he makes money only if he wins in trial or settles the case. That means he does not take the case unless he determines in advance that he is likely to make some money out of it. </p><p></p><p>If you cripple a guy intentionally, where some lesser amount of force would have saved your life, the civil liability can be enormous. If it that be proved in criminal court, the criminal liability is worse.</p><p></p><p>The best example I can think of where this criminal/civil split happened was the O.J. Simpson murder case. Found NG, sued in civil court, found liable to the tune of many millions of dollars.</p><p></p><p>Does that answer your original question?</p><p></p><p>jej</p></blockquote><p></p>
[QUOTE="jej, post: 1007273, member: 5563"] I don't want this construed as legal advice in OK or any other jurisdiction. For that, you need face-to-face time with your lawyer. Not a lawyer, yours, in the jurisdiction where it happens. This is just general rules to consider. The answer will be fact dependent. You will have both criminal and civil exposure. You are describing the use of deadly force. I have read a lot of your posts here, and I know you know about the subject, so is it safe to assume you are thinking of the civil side of the equation? You know, of course, that at least one law enforcement agency will consider if there are facts to support charging you or the BG with a crime. Many jurisdictions have a separate statute that can be [very rarely] used to charge "maiming." Less serious than murder, more serious than assault with a deadly weapon, or attempted murder. Assume you are convicted - civil liability is a near certainty. Assume you are not convicted, not even charged - civil liability can be contested. Different factors enter into it. The two main differences are that you will be compelled to testify, and that the burden of proof is only a preponderance, not a beyond a reasonable doubt level. In both civil and criminal court, past actions both by BG and you will enter into it [though the specifics will be contested like everything else.] Both civil and criminal standards vary by jurisdiction. It can make a big difference being on one side or another of a state line when it comes to such allegations. So, yeah, you may be sued. Maybe not if the BG is charged with a crime. Maybe not if you are judgement proof. Maybe not if the facts are all on your side that it was self defense, that you used the minimal amount of force to defend yourself from death or serious bodily injury. Maybe not if you have witnesses and the BG does not. A tort will be alleged by a plaintiff represented by a lawyer who does this on a contingent fee basis. That means he makes money only if he wins in trial or settles the case. That means he does not take the case unless he determines in advance that he is likely to make some money out of it. If you cripple a guy intentionally, where some lesser amount of force would have saved your life, the civil liability can be enormous. If it that be proved in criminal court, the criminal liability is worse. The best example I can think of where this criminal/civil split happened was the O.J. Simpson murder case. Found NG, sued in civil court, found liable to the tune of many millions of dollars. Does that answer your original question? jej [/QUOTE]
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