Every year civil and criminal defense attorneys across the state and the citizens at large handle or read headlines about “gun blunders” that cause the once-law-abiding citizen to wind up charged with a criminal act. This blog identified the five most common gun myths to help you avoid them, minimize criminal risk and look inside of the defenses.
Becoming the aggressor:
In many cases, someone with a firearm may be authorized at a given moment in time to stand his or her ground and use deadly force and have an affirmative defense to what would be an otherwise criminal act. However, normally ... Read More
Tag: stand your ground
30
Oct2017
20
Oct2017
A topic that frequently arises in the course of criminal defense is pointing a firearm a criminal charge from doing so on one’s own property. Many litigants are surprised to learn that the curtilage and standing one’s ground under the castle doctrine does not automatically authorize pointing a firearm at someone who enters your property where your home is located. This is the topic of this blog post.
Pointing a firearm at someone on your property is a first step toward the exercise of deadly force. The castle doctrine provides an affirmative defense (this means you can legally do what is ... Read More
21
Jun2017
Nationally, and certainly within the state of Indiana, a great deal of public interest has been garnered with the passage of the castle doctrine and its companion doctrine, standing one’s ground, into law. However, every seasoned criminal defense attorney knows this defense is poorly understood across the board. Prosecutors, who serve the public, also understand this—although they often have very different views on the scope and meaning of these doctrines.
Think you understand them? Think again. Here is the question: Are you willing to die—today--for your understanding, be sued tomorrow for all you have, or go to prison for the rest ... Read More