Cary wrote:I stopped doing criminal defense work several years ago, and I'm only authorized to practice in Wyoming and Colorado, so take these words with a little grain of salt.
Regardless of your theoretical defense to any assault or killing charge, you really don't want to go through "the system" as a defendant. You don't know that the local prosecutor will accept your version, or won't think that one of the exceptions to the castle/make-my-day/retreat-to-the-wall (whatever your state uses) defenses applies. Assume that he/she decides to prosecute, you may very well find yourself awaiting trial in jail or getting out by posting a huge bond (bondsmen typically charge 10% of the bond, and you don't get that back), and then you'll have thousands in legal defense costs (at the rate I was charging then, my last really big and lengthy criminal defense trial some 15 years ago cost my client's parents almost $30,000).
There's no guarantee that a jury will buy your defense, either. If not, then you become a convicted felon, plus you'll have the very great likelihood of a lengthy prison sentence. If you get probation, you'll have significant restrictions on your life, including where you can go, when you can go there, what you can drink, what your hours out of your home or business can be, etc. As a felon, you'll lose the right to have any firearms, the right to vote, the right to hold any office of trust, the right to be bonded (such as bankers, stockbrokers, and the like). And there are many, many employers who will not hire a convicted felon, no matter what.
Bottom line is that the risks of taking the law into your own hands are huge. Except for legitimate fear for one's own life or the lives of loved ones, it just isn't worth the risks, in my opinion. Best to leave it to law enforcement, no matter how inefficient you may think that they are in your area.
Cary
I guess in your mind, I'm a criminal if I defend my home from an intruder to the extent that the law allows.You must be so used to dealing with criminals that you assume everyone needs legal representation.
There is no such thing as taking the law into your own hands. You are either abiding by the laws or breaking laws. Law abiding citizens don't need legal representation and certainly would not be prosecuted. I suppose that you have made a career out of representing people who have commited crimes and you have little or no experience dealing with a legitimate case involving the castle doctrine where an intruder is rightfully exterminated for breaking into the home of someone who is prepared to deal with the situation (what you refer to as a "theoretical defense").
I don't mean to be harsh or rude, but the opinions you have expressed in your statements above are exactly what is wrong with our society in my opinion and quite frankly we should not have to defend ourselves after we have defended our homes, hangars, cars or whatever that the thieves murders, rapists and any other misfit in our society are trying to take from us when we do so to the extent that the law allows. There is a clear difference in the laws regarding rules of engagement when you are in public vs when you are defending your own home. Your advice would better serve George Zimmerman.