Understanding the Law of Self-Defense
CCW Safe's Experts Break Down the Laws Surrounding Self-Defense Incidents
Being prepared for the aftermath of a self-defense incident starts with understanding the law. Without the correct understanding of self-defense, you could find yourself in a financially devastating legal battle, costing hundreds of thousands of dollars. Retired deputy constable and firearms expert, Steve Moses, breaks down the 5 elements of lawful self-defense that you should know. Be sure to check out our other resources on this topic below.
The 5 Elements of Lawful Self-Defense
Steve Moses has been a defensive firearms trainer for over 26 years and is a retired deputy constable and spent over 10 years on a multi-precinct Special Response Team. In this article, Steve explains what it might take to accomplish the following:
- Win the physical fight without being seriously injured or killed (winning may include successfully breaking contact without using a gun or lawfully using a gun in order to accomplish this objective).
- Not get charged with a criminal offense.
- If charged, to not be found guilty.
- Not be an easy target for a civil lawsuit.
The True Costs of Self-Defense
Financial and Emotional Damage
The Legal Battle. Especially in critical force cases, the cost of a proper defense can be overwhelming. Attorneys' fees alone can cost hundreds of thousands of dollars, and you may need to pay for private investigators and expert witnesses.
Living with Trauma. Fighting for your freedom in court can be emotionally devastating when you recently fought for your life. That is why we offer the highest caliber of legal coverage with our memberships and complementary sessions with a certified counselor.
Watch John Wyche's StoryWhy Is Proper Defense Essential?
Sometimes, an innocent person who cannot afford a proper defense can end up in jail.
Each state is required to disprove any one of the five elements of self-defense in order to win the case. What this means is that each element is a target, and the prosecution may work hard to find just one element that they can attack. It is not a matter of whether or not the accused threatened, injured, or killed another person as they have already admitted that they did. However, the accused contends that the action took place because of the direct actions of the other person. Concealed carriers should be aware that judges sometimes make improper rulings during the trial, and that the win rate for cases that prosecutors take to trial may be as high as 90%. The consequences for unlawfully using a firearm to threaten, harm, or kill another person are harsh. Set out below are some examples:
- Murder: Life in prison.
- Manslaughter: 15 to 40 years in prison.
- Aggravated Assault/Battery: 10 to 20 years in prison.
- Brandishing/Menacing: Jail time may vary but attorney costs including fines may be as high as $100,000 or even more.
Articles
The Legal Justification for the Use of Deadly Force
The legal justification for the use of deadly force in self-defense is both deceptively simple and infinitely complicated. It sounds simple enough, but how soon is “imminent”? How bad does an injury need to be to qualify as “serious bodily harm”? What makes a belief “reasonable” anyway?
Read MoreCan I Shoot? May I Shoot? Must I Shoot?
Responsible concealed carriers understand the extraordinary legal consequences that can befall an armed defender who misjudges when the use of deadly force is justified. The legal standard is nuanced and highly subjective so, understandably, it leads many concealed carriers to ask the question “When can I shoot?” It is the wrong question. Firearms instructor Steve Moses endorses a self-defense mindset espoused by his colleague Lee Weems which involves asking three questions: Can I shoot? May I shoot? Must I shoot?
Read MoreVideos
Video: When Can You Use Lethal Force?
CCW Safe National Trial Counsel Don West talks with Attorney Andrew Branca about things to think about when making the decision to use lethal force in a self-defense incident. This discussion was filmed at SHOT Show 2020. Don and Andrew are two of the leading self-defense attorneys in the nation and we were lucky to have them sit down and answer some common questions we get.
Watch nowVideo: Don West & Andrew Branca – Escalation of Force
CCW Safe National Trial Counsel Don West talks with Attorney Andrew Branca about escalation of force in a self-defense incident. They also discuss the Teuller Drill sometimes known as the “21 foot rule”. This discussion was filmed at SHOT Show 2020. Don and Andrew are two of the leading self-defense attorneys in the nation and we were lucky to have them sit down and answer some common questions we get.
Watch nowPodcast
In Self-Defense Podcast 108: The Legal Justification for Deadly Force
Don West, Steve Moses, and Shawn Vincent discuss the basic legal tenants for the justifiable use of deadly force and how that relates to practical, tactical considerations for concealed carriers.
Listen NowCCW Safe Podcast Episode 130: Don West & Andrew Branca
CCW Safe Co-Founder and COO Stan Campbell hosts CCW Safe National Trial Counsel Don West and Attorney Andrew Branca from Law of Self-Defense for an hour long discussion on the legal aspects of self-defense. Topics include stand your ground vs duty retreat states and what that really means, the importance of choosing the right self-defense attorney and why most people simply are not equipped to do so, why warnings shots are not a good idea and understanding the importance of your social media in a self defense trial.
Listen NowBe Prepared with the Right Coverage
Right Coverage, Right Expertise
Holistic coverage matters for the worst moment of your life."CCW Safe acted swiftly on my behalf when I was involved in a self-defense act. Once they engaged my stress levels went way down, and I was able to get a good night's sleep. They provided the right expertise at the right time."
- John W., CCW Safe Member since 2021
Care and Personal Attention
We take a personal approach in defending your case, because we've been there."As a member of CCW Safe who acted in
self-defense, I was more than pleased with the high level of attention and expertise by my side through the whole ordeal of legally defending myself. Their deep investigative experience alongside the best self-defense attorney in the US uncovered the critical information that led to my ultimate freedom."
- Stephen M., CCW Safe Member since 2015
Questions About Memberships?
If you carry a firearm and discharge your weapon in self-defense, you could face hundreds of thousands of dollars in legal fees and expenses. That is why CCW Safe Memberships have self-defense coverage that protects you in the aftermath of an incident.
- Upfront payment of defense costs
- No out-of-pocket for members
- Unlimited defense budgets
- Unmatched legal expertise
- Same support as police officers have
- Decades of legal, law enforcement, and investigative experience
We look forward to answering your questions.
CCW Safe Plans Include
To support our belief that every US Citizen has the right to defend themselves, our coverage for self-defense is extensive. Below are some of the key attributes of our plans that make us different from the rest. When it comes to the most traumatic time in your life, having the right coverage and the right expertise by your side is paramount.
No Caps, No out of pocket
No Recoupment
Critical Response Team
on Staff
Personal Care
Industry’s Highest
Coverage Amounts
Deep Legal Expertise
Comprehensive Coverage
Plans and Memberships
PLAN ADVISOR
Find the right plan for you.
We have many plans to accommodate member’s needs from those with Concealed Carry Permits to those without a Permit. We also have special plans for Law Enforcement, First Responders and Military Personnel.
To find the plan that is right for you, select the button below to receive plan recommendations.
MEMBERSHIP
Right Coverage. Right Expertise.
Holistic coverage matters for the worst moment of your life. When you are forced to defend yourself or your family, it is a traumatic event that can impact your life on both a personal and professional level. Knowing that you have a team of experts ready to activate for your defense brings peace of mind and a good night’s sleep.
We take a holistic approach with our top legal counsel and experienced homicide investigators bringing their insights to your case immediately while also addressing the emotional and mental side with added peer support and licensed psychologists for both you and your family.