Discharge law

[raz-0 1,259]

Then you'd better hope the DA see's it your way as well, because that is what really matters. If they think you provoked the encounter or could have avoided needing to use deadly force with complete safety by (a) retreating (b) surrendering possession (c ) telling the thief to stop and they comply, they could prosecute.

 

As much as I don't agree with it, I'm not politically connected or rich enough to try and test it out in court.

 

Not only could they prosecute, they could argue premeditation because you went out to confront the dude with a firearm. There are some pretty screwed up precedents in NJ law for REALLY reaching with the premeditation thing regarding firearms.

[leahcim 680]

Not only could they prosecute, they could argue premeditation because you went out to confront the dude with a firearm. There are some pretty screwed up precedents in NJ law for REALLY reaching with the premeditation thing regarding firearms.

What if you were outside, on your property, carrying and came upon someone trying to steal your car? No premeditation there, right? ANd fully legal to carry on your own property.

[Wile E Coyote 0]

From what I understand, employing deadly force to protect property such as a car is illegal in NJ. If you are attacked after you stumble upon them stealing your car, you have a much better case of self-defense.

 

I have family members that are police officers and federal agents and I have had them say to me, "Don't talk to cops. Get a lawyer." Now that doesn't mean you should act like an ass, but talking can get you in a mess even if you didn't do anything wrong. Why do you think unions have fought to allow officers involved in shootings a longer window in which to make a statement about what happened. It isn't so they can concoct a story, it's so they can collect their thoughts and choose the words that fit what happened.

 

Say you find yourself in the scenario above with the car. By calling the perp a "car thief" instead of a violent aggressor or attacker, your words could get twisted around. A lawyer could say you shot the "thief" because he was stealing your stuff, not because he attacked you and you feared for your life. NJ law is a total mess...

[KpdPipes 388]

From what I understand, employing deadly force to protect property such as a car is illegal in NJ. If you are attacked after you stumble upon them stealing your car, you have a much better case of self-defense.

 

I have family members that are police officers and federal agents and I have had them say to me, "Don't talk to cops. Get a lawyer." Now that doesn't mean you should act like an ass, but talking can get you in a mess even if you didn't do anything wrong. Why do you think unions have fought to allow officers involved in shootings a longer window in which to make a statement about what happened. It isn't so they can concoct a story, it's so they can collect their thoughts and choose the words that fit what happened.

 

Say you find yourself in the scenario above with the car. By calling the perp a "car thief" instead of a violent aggressor or attacker, your words could get twisted around. A lawyer could say you shot the "thief" because he was stealing your stuff, not because he attacked you and you feared for your life. NJ law is a total mess...

 

It's been said here ad nauseum... the ONLY thing that you should be saying after giving your Personal info (Name, DOB Ect.) is some version of "I'm not trying to make your job more difficult, but i am not willing to make any statements without counsel present" Considering the stress that ANY shooting is going to put you under, requesting transport to the hospital would probably be prudent.

[O-gre 7]

It's been said here ad nauseum... the ONLY thing that you should be saying after giving your Personal info (Name, DOB Ect.) is some version of "I'm not trying to make your job more difficult, but i am not willing to make any statements without counsel present" Considering the stress that ANY shooting is going to put you under, requesting transport to the hospital would probably be prudent.

^^^^THIS^^^^ While you may have done everything correct you are most likely to jam yourself up with your statement!