By Interest
Why You Need To Keep Your Mouth Shut After a Defensive Gun Use
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 โmaybe, but quite possibly not.โ Hereโs why.
First, You’ll Be a Wreck
The mediaโboth news and entertainmentโdoes a very poor job of depicting what itโs actually like to have to shoot someone in self-defense. For the vast majority of people, itโs tremendously emotional and upsetting all on its own. Add in the tremendous adrenaline response and its aftermath, and chances are very good that youโll 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. Itโs called โtachy psyche,โ and it happens to trained professionals as well as civilians. For example, some defensive shooters donโt 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, thatโs called โjustifiable homicide.โ What makes it different from any other situation is that youโre admitting right out of the gate that you committed homicideโyouโre just saying that you had a legally defensible reason to do it. This shifts the burden of proof from the stateโwhere it normally isโtoย 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: โAnything you say can and will be used against you in a court of law.โ This includes things you say that you donโt really mean because youโre upset (โHe had it comingโ), things you say that arenโt accurate because you genuinely donโt know better thanks to tachy psyche (โI only fired twice, not all seven roundsโ), and things you probably shouldnโt say with a mouth you also use to kiss your mom (โ@#!%^!โ).
Finally, Who You Should Talk To First
So whatโs 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 youโre very upset and would like to calm down and confer with your lawyer before you do so.
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