What Happens if Your Involved In The Use of Deadly Force During a Home Invasion?
By Gregory Kielma
If I use a gun to defend myself against a home intruder, will I have to go to trial or is it possible that police will deem it self-defense and not pursue it?
Richard Jones
Former PSO(Police Officer, Fire Fighter, EMS) 25 Years.
If I use a gun to defend myself against a home intruder, will I have to go to trial or is it possible that police will deem it self-defense and not pursue it?
Gregg Kielma
Firearms Instructor- FFL- Gunsmith
Ok, no question about it, you have just shot someone in self-defense. Call 911, immediately and tell them “I just shot a home invader at my house, my address is …”After that hang up the phone and contact an attorney.When the police arrive, they will see what happened, but will ask questions. Do not explain details to the police, a lawyer will explain it better than you can. Example, “he broke in, so I shot him” (possible
jail time) vs “he broke in so out of fear for myself and family I stopped the threat" (possible no jail time).
Here is what happens. You have seconds to decide during a home invasion. The police are going to ask you to make a statement. So if you do, which is not advised, how you articulate what happened will be written down. You may use a wrong word or forget an important detail, your screwed. Kielma advises, DO NOT say anything until you have a qualified lawyer present.
Remain silent and invoke your 4th and 5th amendment rights.
The report will be reviewed by the prosecutor’s office. Their job is to prosecute. They are going to read your statement, view other evidence for a few days or months to determine if you could have or should have done something differently. Believe it or not, some states still have a duty to flee (climb out your window or run out a door) before you can use deadly force.
They will decide if they have a winning case, and if so, you are going to court. If not, it will end there. So that is why I say, do not explain details to the police, do not ask if you need an attorney or that you think you need an attorney, that is vague. Tell them “I want an attorney before and during questioning.” Straight to the point. An attorney knows what to say, what not to say, and how to say it.
When you enter the criminal justice system, it is like being in quicksand, the longer you are in it, the harder it is to get out.
The police do not determine whether it is self-defense or not. That is a call the prosecutor will make.
Remember, the police will make a report; the prosecutor’s job is to read the police reports, statements and other evidence. Some prosecutors are biased when a gun is involved because of community and political pressure.