Attorney Andrew Branca

Don’t Encourage Responding Officers to Shoot You

Here’s the script in a nutshell:  Trouble goes down. Good guy pulls a gun to neutralize the threat. Cops show up.  Cops see good guy with gun. Conclude good guy is bad guy. Cops shoot good guy. This most recent case was reported out of Alabama. I’ve seen a number of these cases in just the last few weeks, and as it happens it was one of the subjects I was interviewed on just yesterday …

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How to Turn An “Accidental” Shooting into Negligent Homicide

How to Turn An “Accidental” Shooting into Negligent Homicide This case of the week involves a Montana man who reportedly managed to shoot his hunting partner just as they returned from a hunt to their cars in a K-Mart parking lot, according this ABC Fox news report. The shooter is said to be an NRA Instructor in handgun and rifle. The victim was struck in the chest by a rifle round and died a short …

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Road Rage Stabbing Acquittal Touches Many Facets of Self-Defense Law

I came across this recent very brief, four paragraph, news story out of Illinois a few days ago of a defendant acquitted in a bench trial on several felony charges after he stabbed someone 10 times with a 2.5” knife during a road rage incident, and noted that it conveniently provided a good basis for discussing several interesting legal points that often arise in cases of self-defense. Bench Trial vs. Jury Trial: Which to Choose? First, …

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News Update: Ohio House Votes to Join Modern Era of Self-Defense Law

This past Wednesday the Ohio House voted by a 65 to 32 margin to pass HB 228, which seeks to bring Ohio self-defense law into the modern era. It is believed by advocates of this legal advance that the Senate version of the bill, SB 228, will pass that chamber easily, and with sufficient votes to overcome a promised veto by Ohio Governor John Kasich. Although the bill makes several changes to Ohio self-defense and …

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SHOW: Law of Self Defense Show, 11/14/18

This week’s show discusses highly-defensible property, the attack on Tucker Carlson’s home, how martial arts can get you 25 years in prison, OH potentially passing SYG and adopting normal burden of proof on self-defense, and more. To view the free recording just point your browser to lawofselfdefense.com/show

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COTW: How Martial Arts Can Get You 25 Years in Prison

This “Case of the Week” involves a conviction and sentencing out of Texas this past week, in which Terry Thompson was sentenced to 25 years in prison as a result of his use of a BJJ-style choke hold that caused the death John Hernandez in May 2017, as reported this week by KTRK (ABC) Television News. I also previously covered this case over at Legal Insurrection here: “Law of Self Defense: Murder re-trial for man …

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Analysis of attack on Tucker Carlson home, FREE WEBINAR on defense of home!

Hey folks, Attorney Andrew Branca here from Law of Self Defense. Following the attack on the home of Fox News commentator Tucker Carlson we’ve received a lot of requests for legal analysis of that situation. You can no find that as a guest blog post we did at Ace of Spades HQ by pointing your browser to: http://www.lawofselfdefense.com/ace Also, tomorrow night, Monday, November 12, at 6PM Eastern time I’m doing a FREE webinar on defense …

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SHOW: Self-Defense ‘Insurance,’ Caravan Rocks v. Military Guns, & Highly Defensible Property

In today’s show we covered our NEW COURSE: “Self-Defense ‘Insurance’ Explained” We also covered legal issues of Rocks v. Rifles with respect to the coming caravan invasion. And we talked about our FREE WEBINAR Monday evening: “Use of Force Around Highly-Defensible Property,” being done along with our partner, ConcealedCarry.com –Andrew

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COTW: Burdens of Proof: General Rules & Exceptions

Today’s blog post has been triggered by a decision handed down just a few days ago, October 24, by the Court of Appeal of Louisiana, 4th Circuit, State v. Bibbins, which involved (in part) a discussion of the burden of proof on the issue of self-defense.  A technical but vitally important facet of a legal defense of self-defense that’s often misunderstood is which party—the defendant or the state—is required to prove self-defense, or the lack …

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News Update: Using Your Gun to Defend Your Car: Just Don’t

This story comes out of Chattanooga TN last week, and involves a man who fired shots at his receding automobile as it was being driven away by a car thief. That man has now been hit with felony charges, and ironically enough found himself locked up in the same jail as the car thief.  This as reported by local NBC news station WRCBtv.  A Cascade of Poor Decision-Making As usual, there was a cascade of …

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