Not So Silent Night

Our Member Dalton heard a bump in the night, and it was not Santa and his reindeer delivering presents. Watch the video to hear Dalton’s story and how U.S. & Texas LawShield was able to make sure he did not have a blue Christmas. 

Sherry: We’ve all been there, a noise in the middle of the night startles us awake and puts us on high alert. Most of the time it’s nothing, but our Member Dalton found out sometime it really is a threatening situation. Here’s his story.

Dalton: I came home exhausted from work one night and fell asleep on the couch. I woke up to a sound at my back door. It sounded like somebody was trying to break in. I didn’t know what it was, and I wasn’t about to risk my family’s safety. As I opened the back door, fearful of what was behind it. I froze when I saw two men staring back at me. I cocked my shotgun and fired.

I called the LawShield emergency hotline and was advised by my Independent Program Attorney all the way through the police investigation. No one was hurt and no charges were filed.

Sherry: Thanks to Dalton’s quick action and preparedness a life-threatening situation was avoided and his family was safe. U.S. & Texas LawShield protected him and gave him the confidence to react responsibly in defending his loved ones. Home invasions are frightening but know if you’re ever forced to defend yourself or others U.S. & Texas LawShield has you covered.

Rear-Ended, Then Defended Part II – Colorado

As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.

Watch the video below to see your Independent Program Attorney – Douglas Richards – explain the road rage self-defense laws for Colorado.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

Douglas: Here it seems Jeremy has been placed in an impossible situation. He was in the safe confines of the car with his son, but now these guys are attacking the vehicle making it an unsafe environment. He’s almost a sitting duck. So when he decides to get out and defend himself and a third party, his son, he would have been reasonable in using self-defense in that situation.

I don’t think he would have any problems with the police or a district attorney questioning his actions. Although, it’s possible he could. If he did we would have to defend that in court using the Colorado self-defense law. That law always questions whether or not your actions were reasonable. And I think in this circumstance Jeremy was reasonable in using deadly force to defend himself and his son.

Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.

When it comes to legal defense for self-defense we’ve got you covered.

 

 

Rear-Ended, Then Defended Part II – Missouri

As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.

Watch the video below to see your Independent Program Attorney – John Schleiffarth – explain the road rage self-defense laws for Missouri.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

John: Hi I’m John Schleiffarth, Independent Program Attorney, for U.S. LawShield of Missouri. In the State of Missouri, you have the right to stand your ground.  If your life is under imminent threat you can use deadly force. If you’re in a situation where you have to leave your vehicle with your firearm in hand, in order to protect yourself, you can do that within the boundaries of the law.

Again, there’s no duty to retreat.

Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.

When it comes to legal defense for self-defense we’ve got you covered.

 

 

Rear-Ended, Then Defended Part II – Florida

As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.

Watch the video below to see your Independent Program Attorney – James Phillips – explain the road rage self-defense laws for Florida.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

James: Under Florida law, Jeremy was justified in his actions. Florida statute: 776.012 allows an individual to use or threaten to use non-deadly force or deadly force depending on the facts and circumstances of the situation. A person is allowed to use non-deadly force when he or she reasonably believes such force is needed to prevent the imminent unlawful touching by another. This applies even when you are protecting a third person. Displaying a firearm is considered non-deadly force. In Jeremy’s situation, it would appear reasonable to believe the guys were going to unlawfully touch Jeremy or his son.

Furthermore, Florida statute: 776.012 allows an individual to use or threaten to use deadly force in two situations. The first is when a person reasonably believes such force is necessary to prevent imminent death or great bodily harm to themselves or another person. Once again, under these facts, Jeremy would appear to be justified in using or threatening to use deadly force to protect himself or his son. As it appears that the three men by their actions were about to cause death or great bodily harm to Jeremy or his son.

The second time a person is justified in using or threatening to use deadly force is when an individual reasonably believes such force is necessary to prevent the imminent commission of a forcible felony. When the three guys surrounding the car broke the back windshield out of the car they were attempting to commit the forcible felony of burglary of a convenience. In fact, because the vehicle was occupied by his son Florida statute 776.013 would give Jeremy the presumption that his fear of death or great bodily harm was reasonable.

So under these facts, Jeremy was not only justified in his actions but would have been justified in using or threatening to use deadly force.

Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.

When it comes to legal defense for self-defense we’ve got you covered.

 

 

Rear-Ended, Then Defended Part II – Georgia

As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.

Watch the video below to see your Independent Program Attorney – Matt Kilgo – explain the road rage self-defense laws for Georgia.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

Matt: I believe Jeremy’s actions could have been justified under Georgia law. Remember, you have the right to protect yourself under the use of threats, force and even deadly force. Threats and force when you have a reasonable belief it’s necessary to protect against the imminent use of unlawful force. In this scenario, with three men surrounding his car, it’s very easy for Jeremy to determine that his life, or the life of his infant, might have been in jeopardy. But when the back window was smashed, ostensibly with some type of weapon, that escalates from the point to where he had some reasonable belief force may be used against him to actual force having been used on something he controls.

In that scenario, we can consider that aggravated assault, assault with the intent to murder, rape or rob, or assault with a deadly weapon. In either scenario, Jeremy would have been justified in the use of deadly force to protect himself and his infant son. Because of that, I believe it would have been totally justified and proper to use his firearm to protect himself and his son by whatever means he could, and that’s the goal.

You know in Georgia you can protect anyone by the use of threats of force, force, or deadly force. I believe in this scenario Jeremy’s use of force and threats of force was totally justified.

Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.

When it comes to legal defense for self-defense we’ve got you covered.

 

 

Rear-Ended, Then Defended Part II – Pennsylvania

As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.

Watch the video below to see your Independent Program Attorney – Justin McShane – explain the road rage self-defense laws for Pennsylvania.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

Justin: Whenever we evaluate any type of use of potential lethal deadly force in Pennsylvania, we have to be very, very critical of the law and making sure we stay on the right side of it. The law is very clear in Pennsylvania. It’s evaluated under the totality of the circumstances, meaning everything. You have to have a reasonable fear, under the totality of the circumstances, of imminent or immediate of serious bodily injury, death, kidnapping, or sexual assault in order to deploy and use lethal deadly force.

Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.

When it comes to legal defense for self-defense we’ve got you covered.

 

 

Rear-Ended, Then Defended Part II – Oklahoma

As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.

Watch the video below to see your Independent Program Attorney – Robert Robles – explain the road rage self-defense laws for Oklahoma.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

Robert: In short, you can do that legally, as long as you are faced with the threat of grave bodily injury or death. Now let me say for the record, the Castle Doctrine applies when you are in your occupied vehicle, and if you emerge or come out of your car, armed or unarmed, you leave the Castle Doctrine behind and now you are on public ground, in the street, or anywhere in a parking lot; you are now in a stand your ground situation. Now, you can only use deadly force, or point your firearm, if you are threatened with danger that is immediate of great bodily injury or death here in the State of Oklahoma.

So, what if you were to take it upon yourself after you come out of your car with your gun and decide to chase a suspect, or to take them prisoner at gunpoint, or to force them into their car. That would a grave mistake because now you have turned into the aggressor, and you are no longer defending yourself. But now you have crossed over the line and you are projecting deadly force on to somebody to do something against their will, such as to lay on the ground, get in their car, or some other action, which due to either the absence of evidence or someone sees part of the scene and doesn’t get the whole thing down. They could report to the police that you are the aggressor.

So, it is best in the State of Oklahoma to reserve the use of deadly force, like a loaded firearm, or even an unloaded firearm pointed at someone, for defensive measures only.

Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.

When it comes to legal defense for self-defense we’ve got you covered.

 

 

Rear-Ended, Then Defended Part II – Virginia

As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.

Watch the video below to see your Independent Program Attorney – Ed Riley – explain the road rage self-defense laws for Oklahoma.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

Ed: In the specific answer to the question, Virginia has no statute dealing directly with this issue. However, Virginia is a stand your ground state.

Normally, the brandishing of a firearm towards another is a criminal offense in Virginia – a Class I misdemeanor. However, if used in self-defense it is allowed as long as it is a reasonable use of force. What that means is if you come under attack, and you have done nothing to provoke the attack. You have a right to stand your ground and defend yourself.

In this scenario, the member used a threat of deadly force to defend himself when he obtained his firearm and pointed it at the attackers. For justifiable self-defense to apply, you must be under attack through no fault of your own, which is exactly what’s happening in this scenario, and you must have fear of great bodily injury to yourself or others. At that point, you can use reasonable force to expel the attackers to protect yourself or others.

Therefore, because he had done nothing to provoke this attack he was justified in using reasonable force to defend himself and his son from the perceived attack.

Normally, the pointing of a firearm at another person with the intent of inducing fear in that person is a brandishing. In this scenario, the member came under attack through no fault of his own by three men, one of them was wielding a baseball bat.

Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.

When it comes to legal defense for self-defense we’ve got you covered.

 

Rear-Ended, Then Defended Part II – Texas

As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.

Watch the video below to see your Independent Program Attorney – Emily Taylor – explain the road rage self-defense laws for Texas.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

Emily: Road rage attacks are some of the most common we see as gun-law attorneys. Generally speaking, we advise people not to step out of their vehicles with a firearm. Unfortunately, in road rage scenarios, the guy with the gun is likely to get arrested. Even when the gun owner is only defending against the road rager’s attacks. But sometimes getting out of your vehicle, gun in hand, is going to be your best and most reasonable option for self-defense.

Keep in mind, if someone attempts to forcefully and unlawfully enter your vehicle, whether that’s with a baseball, other weapon, or just trying to open your car doors, Castle Doctrine applies and you are presumed reasonable in your use of force or deadly force. This legal presumption is critical and should stop legal second-guessing of your actions, including stepping out of your vehicle.

Without this presumption, you give law enforcement officers, or prosecutors, the opportunity to ask whether or not you could have driven away, whether the threat was truly immediate, or whether leaving your car with your car was reasonable, and when these questions come in to play your liberty might be at stake.

Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.

When it comes to legal defense for self-defense we’ve got you covered.