Attorney Andrew F. Branca appears as a guest on Mark Walters’ Armed America Radio show, discussing the US Supreme Court Bruen decision, the Ohio auto parts store shooting, the NYC Bodega stabbing, and Andrew’s suggested Kyle’s Law for holding prosecutors accountable.
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FREE 5-ELEMENTS OF SELF-DEFENSE LAW CHEAT SHEET!
Totally free cheat sheet explaining the 5-elements of any claim of self-defense.
If you don’t understand these five elements you have no idea what legally qualifies as lawful self-defense.
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NOTE: Nothing in today’s content represents legal advice. If you are in need of legal advice, please retain competent legal counsel in the relevant jurisdiction.
#ArmedAmericaRadio #Bruen #Bodega #JoseAlba #KylesLaw
Do you really need to know the 5 elements of self defense when deciding to use force in self defense in the heat of the moment, or do you just need to remember the 1 element of necessity? Obviously, if you honestly believe it is necessary to use deadly force to save your own life, you are not, in the heat of the moment, going to care what the law has to say about it. Nobody is going to think to themselves I guess I will just have to let this guy kill me because I’m not sure that I won’t be arrested and prosecuted for defending myself.
Blackstone said that self defense was a natural instinct that no man who is in fear of life or limb can resist. Basically, if you are basing your decision to use deadly force on the 5 elements of self defense (on whether or not you can get away with it), then you obviously do not have an honest fear for your life and you have no legal right to use deadly force in self defense.
Where you really need to know the 5 elements of self defense is in defending your use of force to the public, the investigating officers, and in court.
A great conversation about Curtis Reeves shooting – the popcorn shooter – is at
https://www.youtube.com/watch?v=eEEt4k9QTOg
What I liked most are the words: If you CCW, you are always wrong, and the other guy is always right.
Or as Andrew Blanca would say: The law of self defense is about why you can’t shoot someone.