IF YOU were involved in a defensive shooting in your home..

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T

TXAZ

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Relative was just involved in defending her home, shooting the bad guy who survived, but not in good shape. Police are investigating but lots of unknowns to her going forward.

(Lots of details I’m not posting)
IF you survived an armed home invasion and was no billed by the grand jury, what advice would have for this relative?
 
T

tlm225

New member
Don't develop Diarrhea of the mouth despite the relief of being no billed. In my state a person who is not charged in a self defense shooting is immune to civil suits. That's not the case in all states though.

Also, if needed seek counseling to overcome any emotional trauma if needed.
 
A

Aguila Blanca

Staff
I hope your relative has a criminal defense attorney. Not just a family lawyer -- she needs an attorney whose specialty is criminal defense. She should not speak to anyone without the attorney being present, and she should definitely not speak to the media at all.
 
J

JohnKSa

Administrator
In my state a person who is not charged in a self defense shooting is immune to civil suits.
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This is a complicated issue. The short answer is that there are no states where a person is actually immune to civil suits. The law may provide, in some states that a suit must be dismissed under certain circumstances and may provide that the defendant is entitled to recover expenses incurred. But you can still be sued and will still have to hire a civil lawyer and go to court. If you can show that your case falls under the immunity protection, the suit would then be dismissed.

https://law.justia.com/codes/arkans...7/chapter-120/subchapter-1/section-16-120-106

Note that the law provides that: "A court shall award reasonable attorney's fees, costs, and trial-related expenses to a person in defense of a civil action brought by another person if the court finds that the person is immune from civil action as provided in this section." Clearly that wouldn't make sense if the person didn't have to defend against the civil action in court.

Your advice, however, is good. The person needs to keep quiet. If they feel like they must release a statement, they will need to get a criminal lawyer, experienced in such cases, to do it for them.
Also, if needed seek counseling to overcome any emotional trauma if needed.
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Yup, this kind of situation can really damage some folks. If she's having trouble, getting help sooner than later is a good thing.
 
T

tlm225

New member
A little more in depth than my rather brief comment above.

16-120-301. Injury or damage to person committing felony.
If a person while committing a felony is injured or his or her property damaged, the person who causes such injury or damage shall not be liable for damages nor subject to suit for the injury or damage, provided that:
(1) The person causing such injury or damage has not acted with malice;
(2) The person committing the felony has not clearly retreated from the felonious activity;
(3) The person causing such injury or damage has not prearranged a trap that would automatically inflict injury or damage to any person entering a certain location; and
(4) The act causing the injury or damage was the result of or in response to the commission of the felony.


16-120-302. Use of deadly physical force.
(a) A person is immune from civil action for the use of deadly physical force against another person who is an initial aggressor if the use of the deadly physical force was in accordance with § 5-2-607.
(b) A court shall award reasonable attorney's fees, costs, and trial-related expenses to a person in defense of a civil action brought by another person if the court finds that the person is immune from civil action as provided in this section.

16-120-303. Attempting to protect persons during commission of a felony.
No person is civilly liable for an action or omission intended to protect himself or herself or another from a personal injury during the commission of a felony unless the action or omission constitutes a felony.
 
A

Aguila Blanca

Staff
tlm225 --

Are you citing Texas law (where the incident occurred), or Arkansas law (where you live)?

If you're citing Arkansas law, it's totally irrelevant and not at all helpful. The only law that applies to an incident in Texas is Texas law.
 
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