What should you do if you use deadly force to defend yourself? In the state of Texas, particularly Fort Bend County, firearms are commonplace in households. You may recall during the historic flooding in Houston during Hurricane Harvey, Ft. Bend County Sheriff Troy Nehls stood by the second amendment and the rights of homeowners in response to looting in disaster situations. Nehls was quoted sharing a harsh warning, “The residents of Ft. Bend County support the 2nd Amendment and many of them are armed. My caution to the looters out there… you may want to stay out of Ft. Bend County because there’s a potential possibility you can leave this county in a body bag.”
Sheriff Nehls’ quote raises an important question around what would happen if you were involved in a situation that causes you to use deadly force with a weapon for protection. What should you do? What liability do you have? What should you do if you use deadly force to defend yourself?
Deadly force is the use of force which is likely to cause serious bodily injury or death to another person. It’s an act of recourse chosen when an imminent threat cannot be subdued with means lesser than harming an assailant. Firearms, bladed weapons, explosives, and vehicles are among those weapons the use of which is considered deadly force. The use of non-traditional weapons in an offensive manner, such as a baseball bat, sharp pencil, tire iron, or other, may also be considered deadly force.
Sugar Land, TX attorney Shawn McDonald from SMB Criminal Defense Lawyers shares his #1 piece of advice if you are involved in a defense situation. If you are in a scenario which garnered the use of deadly force, it’s probably because the other person is armed and had the intent to harm you.
Here’s what you do:
- Leave immediately. If you have stopped the assailant (whether injured or dead), leave immediately. Get yourself, your family, or whoever is involved away from the scene. You do not know if the assailant will awake and resume the threat towards you.
- Call 911. After leaving, call 911 and explain you’ve been in a shooting and you are unaware if the assailant is incapacitated or dead. Explain that the assailant was armed and you had to flee for your own safety.
Despite what you might have learned in gun safety courses, it’s the job of EMS and police to serve as rescue, not yours. As McDonald states, “You are not in the rescue business, you are in the protect your family business.” McDonald also advises resorting to other options besides harming another individual. If there are alternative ways to avoid a deadly situation – do it. You should only choose deadly force as a last resort.
Video Transcript for What should you do if you use deadly force to defend yourself?:
Interviewer: “One last question that I have is related to if somebody does have to use deadly force for self-defense, what should they do immediately afterwards?”
Shawn McDonald: “Leave. If you have to use deadly force that means that person is likely armed and was trying to harm you. If you stop that threat and you have the ability to get back in your car or get your family away from the scene, there is no reason for you to sit and wait and for him to get back in the fight. If you can safely leave after using deadly force, you leave and you call 911. You go somewhere safely and you say ‘Look, I just got in a shooting. I don’t know if he’s dead. I don’t know if he’s incapacitated. He had a weapon. I’m not going to stick around to see if he can get back in the fight. I could safely leave because he was on the ground and not moving. I’m getting my family out of here.’ We can deal with this an in hour when law enforcement gets him in custody or when he goes to the hospital. I’m not going to stick around and hold him at gunpoint and wait for this guy to wake up and grab his gun and start shooting at me again. Get out of there.”
Interviewer: “Well I know in some of the courses or classes, you know, they’re… ‘Immediately call 911. Call for an ambulance. Say that you are trying to help them in case, you know, he needs to be revived or he’s not dead yet.’ A lot of the courses that I have taken myself as well as heard from others that they… once you stop the threat, they then want you to turn into Rescue Mode.”
Shawn McDonald: “That is… Rescue Mode is EMS and police. You are not in the rescue business. You are in the ‘I’m protecting my life and my family’ business. ‘I’m getting out of here. I’m getting my family in the car and we are leaving. Someone else can save this guy’s life.’ Because soon enough I save this guy’s life and he wakes up and he wants to start fighting, and now his gun is in the fight, and the gun I have on me is in the fight. I… I’ll pass. Get me away from the scene. Get me somewhere safe, because I do not want to die.”
Interviewer: “Cool.”
Shawn McDonald: “You know, that is… that is your goal is stay alive. Do not get in a fight because someone is stealing your wallet. Your goal in life is to stay alive. You know, do not lose your life over fifty bucks or someone, you know, keying your car. It’s not worth it.”
Interviewer: “No.”
“Even if you may be legally justified.”
Interviewer: “Right.”
“And if you could do anything you can possibly without shooting and killing someone, do it. Should be your absolute last resort. In your mind, ‘I’m going to die if I don’t do something.’ If you think that, in the end you are going to be ok.”
Interviewer: “Ok.”
Disclaimer
*This blog post, “What should you do if you use deadly force to defend yourself?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.