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Why You Need To Keep Your Mouth Shut After a Defensive Gun Use

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So, you were attacked and you shot someone to defend yourself. Fair enough. But what happens after that? Will you automatically be let off scot-free if you tell the police everything you can think of to say the minute they arrive? Also, will you be in full control of your faculties when talking to the police?

Well, the answer to these queries is โ€œmaybe, but quite possibly not.โ€ Hereโ€™s why.

First, You’ll Be a Wreck

The mediaโ€”both news and entertainmentโ€”does a very poor job of depicting what itโ€™s actually like to have to shoot someone in self-defense. For the vast majority of people, itโ€™s tremendously emotional and upsetting all on its own. Add in the tremendous adrenaline response and its aftermath, and chances are very good that youโ€™ll be an emotional wreck for quite some time afterwards. This is not a great time to be answering questions that could affect you for the rest of your life.

Second, Your Perceptions Will Be Off

That adrenaline response we mentioned above can and does alter your perception of the passage of time, any physical damage you may have sustained, other things that were going on at the time, and so on. Itโ€™s called โ€œtachy psyche,โ€ and it happens to trained professionals as well as civilians. For example, some defensive shooters donโ€™t realize that their gun actually fired every time they pulled the trigger since the adrenaline kept them from feeling the recoil or hearing the report. This can result in the shooter emptying out his or her magazine without realizing it.

Third, The Burden Of Proof Will Be On You

If you kill someone while defending yourself against a criminal attack, thatโ€™s called โ€œjustifiable homicide.โ€ What makes it different from any other situation is that youโ€™re admitting right out of the gate that you committed homicideโ€”youโ€™re just saying that you had a legally defensible reason to do it. This shifts the burden of proof from the stateโ€”where it normally isโ€”toย you.

Fourth, Your Words Will Be Used Against You

Although police procedural TV shows have a lot to answer for in terms of promoting misperceptions of defensive gun use, they do get one thing right: โ€œAnything you say can and will be used against you in a court of law.โ€ This includes things you say that you donโ€™t really mean because youโ€™re upset (โ€œHe had it comingโ€), things you say that arenโ€™t accurate because you genuinely donโ€™t know better thanks to tachy psyche (โ€œI only fired twice, not all seven roundsโ€), and things you probably shouldnโ€™t say with a mouth you also use to kiss your mom (โ€œ@#!%^!โ€).

Finally, Who You Should Talk To First

So whatโ€™s the takeaway for you, the law-abiding citizen? If, God forbid, you ever have to use your gun to defend yourself, first call the police. Then call your attorney. When the police arrive, be polite and let them know that you will cooperate with them, but that youโ€™re very upset and would like to calm down and confer with your lawyer before you do so.

 

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