He was walking down a trail in Coconino County, Arizona, in 2004, when suddenly a dog growled and ran straight at him. He quickly pulled out his pistol and fired a round into the ground. The dog then retreated to safety, then all of a sudden an angry man came running down the trail and threatened to kill him. Claiming self-defense, he fired three shots, killing the attacker.

This case received national attention, as carrying a gun is not illegal in Arizona, many viewed this as a textbook on the legal use of deadly force. However, prosecutors disagreed and charged the shooter with second-degree murder. He was later convicted and sentenced to 10 years in prison. This is a common misunderstanding. The vast majority of Americans do not understand the legal issues associated with the use of force in self-defense.

There have been thousands of people prosecuted for excessive use of force in self-defense. Most were completely shocked when they were accused of a crime. Even if they were not convicted, the cost of their legal fees and the stress of prosecution leave many bitter and resentful of our legal system. This is a complex legal issue that very few people not trained in the law understand, even trained police officers have been charged with unnecessary use of force, and some are jailed.

A friend of mine recently explained to me that if someone tried to climb through his window during the day or night, he would shoot them. I explained that even soldiers in combat have rules of engagement. It is foolhardy to assume that civilians have carte blanche to use any method of self-defense. It is essential that we realize that the threat of danger or the prevention of crime does not necessarily legally justify the use of deadly force. Legally, the use of unlawful deadly force is grounds for prosecution. It doesn’t matter if the person really dies.

Lawful use of deadly force

Although the laws in your state may not be exactly the same, essentially most are unified on this fundamental concept. You may only use deadly force in self-defense to protect yourself from serious bodily injury or death. This law would also provide for the protection of others. If someone attacked you with a deadly weapon, you can use deadly force, on the other hand, if someone attacks you with bare hands only rarely, you would be allowed to use deadly force. For example, you are brutally beaten and the attacker refuses to stop.

Lawful use of non-deadly force

The use of non-lethal self-defense weapons for protection is the most realistic approach, in most situations. It is highly unlikely that you will ever be charged with a crime if you use them in your defense. This includes in the few states where they are prohibited. The only exception might be if you started an altercation and used the weapon. However, if you did not initiate the attack, the use of non-lethal self-defense weapons will most likely be allowed. If you want to avoid prosecution, the logical choice would be to use non-lethal weapons, unless you are protecting yourself or others from serious injury or death.