Hey everyone!
I just finished my criminal law class in college and I figured will bring some legal facts to the table while my memory is still fresh. I will put my thread in a FAQ/Q&A style. This is to help those in question or need of help on self-defense in our state. I am not a lawyer and I am not a prosecutor. I am just trying to help give incite to those who in the future who might encounter a dangerous situation. I will put all of my answers in common English and make it straight forward and simple. I won't be citing any Indiana Code or U.S. supreme court cases. This is just advice from a simple legal aspect and its up to you to decide what to do on your own. I know its a very touchy topic and everyone might not agree with what I have to say. Again, I am just trying to provide facts from a legal point of view. I am not a lawyer or a prosecutor. The beginning is a slow start but it gets more interesting as it goes. (Indiana Self-Defense)
What is considered to be a threat?
The use of an object or weapon in a dangerous or deadly manner. This is usually in the act of causing death or serious bodily harm. When i mention threat, it means your life or someone else's is on the line and could die or serious injury to the body.
What is serious bodily harm?
This is the act of paralyzing someone, serious permanent disfigurement, unconsciousness, extreme pain, and loss of a fetus.
What is considered to be a justified shooting?
A justified self-defense shooting in Indiana is in protecting yourself or a third party from immediate death or serious body injury. The key here is an immediate threat to the person. This can't be a threat made verbally or for the future. The threat has to be some type of physical harm done at the moment. Immediate is right now, at this moment. Also, justified shootings are forcible felonies.
Does distance matter when I shoot someone?
Actually, yes it does. If you shoot someone threatening to kill you with a knife in their hand from over 50ft away, this would not be a lawful self-defense. The threat is too far away to be used for deadly force. You have to be in arms length for a knife to be used effectively. Now, if this person has a firearm in their hand, this changes the whole scenario. You can shoot this person if draw or raise the firearm they making threats with.
What is a forcible felony?
This is a crime with imprisonment more than one year and a serious crime used with force. Burglary of a dwelling, carjacking, aggravated robbery with deadly weapon, aggravated battery with a deadly weapon, etc, are all forcible felonies.
What should I do when I am put into this situation?
Try to De-escalate the situation first. Use your judgement on to drawing your firearm or not. Use verbal force and keep it short and simple with orders. If you have someone at gun point, you have to use short commands. Example: Stop, Freeze, Hands. Your adrenaline with be high and tunnel vision will kick in. Keep distance between you and the threat. Finger out of the trigger guard unless you have to neutralize the threat with deadly force. If you can get them to surrender, order them to the ground, laying on your stomach, arms out and palms up. Keep them at gun point and hopefully someone has notified the police by now.
What if I can't De-escalate the situation?
You have to use your judgement on to shoot or let it play out. If someone is going to die or seriously injured, I would suggest you shoot to stop the threat. Aim for center-mass(torso area) and fire in the amount it takes to only stop the threat.
What is considered as a weapon or object?
This can be anything actually. If it's used in a deadly manner, it can be used to kill or seriously injure someone. A gun and knife will be your most popular two used. If these are used in the threat, you need to stop it ASAP.
How man rounds should be used to stop a threat?
It depends. Sometimes it only takes one and others it takes several 3-4 rounds. If more used, you will probably have to be really detailed in explaining yourself.
Should I shoot to injure someone?
No, never do this. This is just going to be a civil lawsuit down the road or could get you killed. Injuring someone doesn't always stop them. They can still attack you and end up killing you. Always aim for center-mass(torso). Its's the best route to choose and is lethal to use to stop a threat.
Okay, so if I am at home and some one breaks in, Can I shoot them?
Yes, you can with a limit however. There has to be some type of contact. I would give sometime of command at first contact with the suspect. (Freeze, stop, hands, don't move,etc) You can not just shoot someone unarmed for being in your house. Always try to de-escalate the scenario. I know it sounds crazy, but you would not get away with shooting someone point blank in your house. Now, if the have a gun, knife, etc, you can use deadly force. Another one too is, if you use commands to stop,freeze, etc. and the suspect still comes towards to attack you, you may shoot them. You do not have to retreat in our state inside of your dwelling. What i mean by this, is in some states you have to try to retreat or escape away from the threat. In Indiana, you do not have to do this.
Oh no, I told him to freeze and he runs out. What do I do?
Do not shoot him in the back! This is never legal! This is considered involuntary manslaughter. The suspect is trying to escape or evade you. Do not give chase, just call 911 and secure yourself in a locked room until the police arrive. Let the dispatch know you have a firearm, where your at in the house, and info about the suspect.
I wake up in the middle of the night to my car alarm going off, I see someone trying to break in to my vehicle. Should I shoot?
No! In the eyes of the law, property is replaceable. You can not shoot someone stealing your property. Back in the day, you needed your property to live off of. Someone stealing your cattle or food, you could soot them. However, now a days, the law sees property most likely insured or not something to live off of. You can use non-lethal force (tackling,punching,joint locks) to stop them but not deadly.
There's a driver behind me and he has road rage problems. He pulls in front of me and gets out of his vehicle at the next stoplight. He starts walking towards me, what do I do?
This happens a lot where a third party can not control their anger and wants to use violence to settle their issues. Immediately, lock your doors and roll up your windows if they are down. Try to go around or escape the suspect in your vehicle if you can't or your blocked, I would do these next steps. Throw your car in park and Dial 911 and let the dispatcher know someone is threatening you at the intersection of such and such. If there is someone else with you, have them do this. Do not provoke the situation. Just take your seat belt off and sit their and watch the actions of their hands. The person will be at your driver side window by now probably screaming at you and banging on your window. You can not shoot this person unless they try to seriously hurt you or kill you. I would have my hand in the ready position on my firearm and be prepared to draw. If the person has a weapon, I would have my firearm out and you to tell the suspect to step away or to leave me alone. Commands here are key to build your side of the story. Hopefully the police are here by now, but if not do this next. Use commands to force the suspect to surrender or stop. (Freeze, stop, go back to your vehicle,etc.) If he doesn't stop banging on your window, your only choice might be to draw your firearm and order him to stop and surrender. If he has any weapon in his hand, such as a crowbar, knife, baseball bat,etc and breaks your window to attack you is when you need to use force to stop the threat. This is know as aggravated battery with a deadly weapon.(forcible felony)
I am driving my car, and someone tries to rob me of my vehicle at a stop light. Can I shoot?
Yes, car jacking is a forcible felony. You can shoot them to stop the threat. They will most likely have a gun,knife, or try to throw you out. Physical contact is will most likely happen here so be ready.
I get into a fist fight and I shoot the guy. Will I get in trouble?
Most likely you will be charged with involuntary manslaughter. The only exemption to this is if the other person pulls out a weapon to escalate the situation(knife,gun,etc.) or you are on the ground, the suspect on top hitting you, and you are to the point of NEAR death. This would most likely be a justified shooting. Near death though is key. Not a black eye or a swell mark or two. We are talking a lot of punches being thrown to the point where the person hitting you escalated the situation from battery to aggravated battery with a deadly weapon. Your fist can be considered a deadly weapon. Also, if a scuffle erupts and the suspect tries to grab your gun, you can shoot him,however, ONLY if he tries to recover your firearm. Key Point: you can NOT be the original aggressor to the situation. Starting a fight and then shooting someone down the road will get you being bars in jail. Its complicated to explain how to re-gain self-defense if you are the original aggressor. Just don't start the fight as the bad guy because you lose your self-defense rights during the situation.
A clerk is being robbed at gun point at the gas station inside. I have a shot at the suspect, Can I shoot?
Yes, you can shoot,but a lot of explanation will be behind it. If you truly believe the clerk was going to die or seriously hurt, you can shoot. My advice is if you can order the perk to surrender do it, but if not, do what you have to do. The third party a.k.a (The Clerk) life is at risk.
What robberies can I use a self-defense claim?
Forcible felonies are key to this. Any time, deadly force is used to rob someone, you have the right to shoot. Why? Someone's life is at risk and being threatened. Examples? Robbery at gun point, being stuck up with a knife, etc. Now if it's a simple petty robbery such as purse snatching or theft from a store, you can not claim self-defense. The force has to be deadly or to cause serious bodily harm. Remember property is replaceable in the eyes of the law.
I am open carrying and someone tries to grab my gun. Can I shoot them?
Yes, this person is trying to disarm you to cause death to you or others. When can I shoot? When you can gain control of your gun and the suspect is still trying to relieve you of your firearm(grabbing it, trying to reach for it, trying to take control of your hand on the firearm,etc.) If you gain control and break free with distance(backing up or retreating), you can not shoot him if he surrenders. This is when verbal commands are key and you need to give him orders. On the ground, on your stomach, hands out, palms up.
Can I draw my firearm to de-escalate a situation?
Yes you may, but to an extent. The crime has to life threatening to cause death or serious bodily injury. I wouldn't suggest drawing your firearm to stop a fist fight. However, I would suggest drawing it if someone pulls out a knife or deadly weapon. The key here is the situation and what weapons are being used. Another good example would be drawing your firearm to a mugging/robbery with just the use of their fists against the third party(victim). I would draw down and order the suspects to stop.
What if I am mugged/attack physically with no weapons? Should I draw and shoot?
Let's say its in front of your house on a side street. I would suggest trying to retreat to draw space between you and suspect/s. I would draw down and order them to stop. IF they keep coming, this is a tough situation to present your case if you use deadly force. You would have to prove serious bodily harm was immediate against you or death. In order to do this, retreat is the key to this scenario. If you back up or run away for about the distance of 100ft or so and they are still chasing and your trying to tell them to stop and you stop and order them to "freeze or you will shoot"(gun out and drawn) and THEY KEEP coming, the use of deadly force would probably be lawful. This is because of retreat and the use of commands to stop them. You as the victim tried to de-escalate the situation and tried running away but the suspects were still trying to hurt you. At this point, the threat was higher and serious injury was more than likely to happen. The distance here is key too, the suspect would have to be in arms length away. You can't shoot them if they are 2 houses down away from you. I know this scenario seems really drawn out and fake, but its just shown to what extent it would take to use deadly force without weapons involved from the suspect.
I have been drinking alcohol and I end up shooting someone. What will happen to me?
There is no legal limit set to where you shouldn't be handling a firearm, but it's frowned upon. This will make your case a lot harder to be classified as a justified shooting in front of the jury. They often think if the victim is impaired, it makes him look like the suspect. I know this sounds wrong but its the way the law looks at it.
Please feel free to comment on something I missed out on. I know I can't cover everything but this is a good majority of what you need to know. I tried to make it simple and realistic at possible to compare to everyday scenarios. It took awhile to revise and write. I hope it helps out a couple of people on here to have a better understanding of using self-defense in our state. Thank you guys for taking the time to read this.
ChevyNova1970.
I just finished my criminal law class in college and I figured will bring some legal facts to the table while my memory is still fresh. I will put my thread in a FAQ/Q&A style. This is to help those in question or need of help on self-defense in our state. I am not a lawyer and I am not a prosecutor. I am just trying to help give incite to those who in the future who might encounter a dangerous situation. I will put all of my answers in common English and make it straight forward and simple. I won't be citing any Indiana Code or U.S. supreme court cases. This is just advice from a simple legal aspect and its up to you to decide what to do on your own. I know its a very touchy topic and everyone might not agree with what I have to say. Again, I am just trying to provide facts from a legal point of view. I am not a lawyer or a prosecutor. The beginning is a slow start but it gets more interesting as it goes. (Indiana Self-Defense)
What is considered to be a threat?
The use of an object or weapon in a dangerous or deadly manner. This is usually in the act of causing death or serious bodily harm. When i mention threat, it means your life or someone else's is on the line and could die or serious injury to the body.
What is serious bodily harm?
This is the act of paralyzing someone, serious permanent disfigurement, unconsciousness, extreme pain, and loss of a fetus.
What is considered to be a justified shooting?
A justified self-defense shooting in Indiana is in protecting yourself or a third party from immediate death or serious body injury. The key here is an immediate threat to the person. This can't be a threat made verbally or for the future. The threat has to be some type of physical harm done at the moment. Immediate is right now, at this moment. Also, justified shootings are forcible felonies.
Does distance matter when I shoot someone?
Actually, yes it does. If you shoot someone threatening to kill you with a knife in their hand from over 50ft away, this would not be a lawful self-defense. The threat is too far away to be used for deadly force. You have to be in arms length for a knife to be used effectively. Now, if this person has a firearm in their hand, this changes the whole scenario. You can shoot this person if draw or raise the firearm they making threats with.
What is a forcible felony?
This is a crime with imprisonment more than one year and a serious crime used with force. Burglary of a dwelling, carjacking, aggravated robbery with deadly weapon, aggravated battery with a deadly weapon, etc, are all forcible felonies.
What should I do when I am put into this situation?
Try to De-escalate the situation first. Use your judgement on to drawing your firearm or not. Use verbal force and keep it short and simple with orders. If you have someone at gun point, you have to use short commands. Example: Stop, Freeze, Hands. Your adrenaline with be high and tunnel vision will kick in. Keep distance between you and the threat. Finger out of the trigger guard unless you have to neutralize the threat with deadly force. If you can get them to surrender, order them to the ground, laying on your stomach, arms out and palms up. Keep them at gun point and hopefully someone has notified the police by now.
What if I can't De-escalate the situation?
You have to use your judgement on to shoot or let it play out. If someone is going to die or seriously injured, I would suggest you shoot to stop the threat. Aim for center-mass(torso area) and fire in the amount it takes to only stop the threat.
What is considered as a weapon or object?
This can be anything actually. If it's used in a deadly manner, it can be used to kill or seriously injure someone. A gun and knife will be your most popular two used. If these are used in the threat, you need to stop it ASAP.
How man rounds should be used to stop a threat?
It depends. Sometimes it only takes one and others it takes several 3-4 rounds. If more used, you will probably have to be really detailed in explaining yourself.
Should I shoot to injure someone?
No, never do this. This is just going to be a civil lawsuit down the road or could get you killed. Injuring someone doesn't always stop them. They can still attack you and end up killing you. Always aim for center-mass(torso). Its's the best route to choose and is lethal to use to stop a threat.
Okay, so if I am at home and some one breaks in, Can I shoot them?
Yes, you can with a limit however. There has to be some type of contact. I would give sometime of command at first contact with the suspect. (Freeze, stop, hands, don't move,etc) You can not just shoot someone unarmed for being in your house. Always try to de-escalate the scenario. I know it sounds crazy, but you would not get away with shooting someone point blank in your house. Now, if the have a gun, knife, etc, you can use deadly force. Another one too is, if you use commands to stop,freeze, etc. and the suspect still comes towards to attack you, you may shoot them. You do not have to retreat in our state inside of your dwelling. What i mean by this, is in some states you have to try to retreat or escape away from the threat. In Indiana, you do not have to do this.
Oh no, I told him to freeze and he runs out. What do I do?
Do not shoot him in the back! This is never legal! This is considered involuntary manslaughter. The suspect is trying to escape or evade you. Do not give chase, just call 911 and secure yourself in a locked room until the police arrive. Let the dispatch know you have a firearm, where your at in the house, and info about the suspect.
I wake up in the middle of the night to my car alarm going off, I see someone trying to break in to my vehicle. Should I shoot?
No! In the eyes of the law, property is replaceable. You can not shoot someone stealing your property. Back in the day, you needed your property to live off of. Someone stealing your cattle or food, you could soot them. However, now a days, the law sees property most likely insured or not something to live off of. You can use non-lethal force (tackling,punching,joint locks) to stop them but not deadly.
There's a driver behind me and he has road rage problems. He pulls in front of me and gets out of his vehicle at the next stoplight. He starts walking towards me, what do I do?
This happens a lot where a third party can not control their anger and wants to use violence to settle their issues. Immediately, lock your doors and roll up your windows if they are down. Try to go around or escape the suspect in your vehicle if you can't or your blocked, I would do these next steps. Throw your car in park and Dial 911 and let the dispatcher know someone is threatening you at the intersection of such and such. If there is someone else with you, have them do this. Do not provoke the situation. Just take your seat belt off and sit their and watch the actions of their hands. The person will be at your driver side window by now probably screaming at you and banging on your window. You can not shoot this person unless they try to seriously hurt you or kill you. I would have my hand in the ready position on my firearm and be prepared to draw. If the person has a weapon, I would have my firearm out and you to tell the suspect to step away or to leave me alone. Commands here are key to build your side of the story. Hopefully the police are here by now, but if not do this next. Use commands to force the suspect to surrender or stop. (Freeze, stop, go back to your vehicle,etc.) If he doesn't stop banging on your window, your only choice might be to draw your firearm and order him to stop and surrender. If he has any weapon in his hand, such as a crowbar, knife, baseball bat,etc and breaks your window to attack you is when you need to use force to stop the threat. This is know as aggravated battery with a deadly weapon.(forcible felony)
I am driving my car, and someone tries to rob me of my vehicle at a stop light. Can I shoot?
Yes, car jacking is a forcible felony. You can shoot them to stop the threat. They will most likely have a gun,knife, or try to throw you out. Physical contact is will most likely happen here so be ready.
I get into a fist fight and I shoot the guy. Will I get in trouble?
Most likely you will be charged with involuntary manslaughter. The only exemption to this is if the other person pulls out a weapon to escalate the situation(knife,gun,etc.) or you are on the ground, the suspect on top hitting you, and you are to the point of NEAR death. This would most likely be a justified shooting. Near death though is key. Not a black eye or a swell mark or two. We are talking a lot of punches being thrown to the point where the person hitting you escalated the situation from battery to aggravated battery with a deadly weapon. Your fist can be considered a deadly weapon. Also, if a scuffle erupts and the suspect tries to grab your gun, you can shoot him,however, ONLY if he tries to recover your firearm. Key Point: you can NOT be the original aggressor to the situation. Starting a fight and then shooting someone down the road will get you being bars in jail. Its complicated to explain how to re-gain self-defense if you are the original aggressor. Just don't start the fight as the bad guy because you lose your self-defense rights during the situation.
A clerk is being robbed at gun point at the gas station inside. I have a shot at the suspect, Can I shoot?
Yes, you can shoot,but a lot of explanation will be behind it. If you truly believe the clerk was going to die or seriously hurt, you can shoot. My advice is if you can order the perk to surrender do it, but if not, do what you have to do. The third party a.k.a (The Clerk) life is at risk.
What robberies can I use a self-defense claim?
Forcible felonies are key to this. Any time, deadly force is used to rob someone, you have the right to shoot. Why? Someone's life is at risk and being threatened. Examples? Robbery at gun point, being stuck up with a knife, etc. Now if it's a simple petty robbery such as purse snatching or theft from a store, you can not claim self-defense. The force has to be deadly or to cause serious bodily harm. Remember property is replaceable in the eyes of the law.
I am open carrying and someone tries to grab my gun. Can I shoot them?
Yes, this person is trying to disarm you to cause death to you or others. When can I shoot? When you can gain control of your gun and the suspect is still trying to relieve you of your firearm(grabbing it, trying to reach for it, trying to take control of your hand on the firearm,etc.) If you gain control and break free with distance(backing up or retreating), you can not shoot him if he surrenders. This is when verbal commands are key and you need to give him orders. On the ground, on your stomach, hands out, palms up.
Can I draw my firearm to de-escalate a situation?
Yes you may, but to an extent. The crime has to life threatening to cause death or serious bodily injury. I wouldn't suggest drawing your firearm to stop a fist fight. However, I would suggest drawing it if someone pulls out a knife or deadly weapon. The key here is the situation and what weapons are being used. Another good example would be drawing your firearm to a mugging/robbery with just the use of their fists against the third party(victim). I would draw down and order the suspects to stop.
What if I am mugged/attack physically with no weapons? Should I draw and shoot?
Let's say its in front of your house on a side street. I would suggest trying to retreat to draw space between you and suspect/s. I would draw down and order them to stop. IF they keep coming, this is a tough situation to present your case if you use deadly force. You would have to prove serious bodily harm was immediate against you or death. In order to do this, retreat is the key to this scenario. If you back up or run away for about the distance of 100ft or so and they are still chasing and your trying to tell them to stop and you stop and order them to "freeze or you will shoot"(gun out and drawn) and THEY KEEP coming, the use of deadly force would probably be lawful. This is because of retreat and the use of commands to stop them. You as the victim tried to de-escalate the situation and tried running away but the suspects were still trying to hurt you. At this point, the threat was higher and serious injury was more than likely to happen. The distance here is key too, the suspect would have to be in arms length away. You can't shoot them if they are 2 houses down away from you. I know this scenario seems really drawn out and fake, but its just shown to what extent it would take to use deadly force without weapons involved from the suspect.
I have been drinking alcohol and I end up shooting someone. What will happen to me?
There is no legal limit set to where you shouldn't be handling a firearm, but it's frowned upon. This will make your case a lot harder to be classified as a justified shooting in front of the jury. They often think if the victim is impaired, it makes him look like the suspect. I know this sounds wrong but its the way the law looks at it.
Please feel free to comment on something I missed out on. I know I can't cover everything but this is a good majority of what you need to know. I tried to make it simple and realistic at possible to compare to everyday scenarios. It took awhile to revise and write. I hope it helps out a couple of people on here to have a better understanding of using self-defense in our state. Thank you guys for taking the time to read this.
ChevyNova1970.
