Talked to an attorney today.. Got some good news and some bad news

[milcop2009]

I just needed a few days to clear my head... I was getting depressed to the point that I was sick for a few days. Stress=depressed=SICK Trust me.. I needed to get away from things that were stressing me out, like a few classes I ended up failing. Some things you can't devote time and energy. Now I'm going to address a few issues that has been brought up.

1) The guy was unstable.. Very unstable. The guy has a history of violence and I really don't know the guy too well aside the encounters we've had in the last year.
2) I actually resent the impression that I'd actually willingly put my balls in a sling.. legally, over a woman. Over my family.. I'd put my body in a body cast over them... Forget the ball sling! NO BODY messes with them! (yes I'm being silly.. but the truth)
3) I believed that I was using reasonable force, based on the fact that he has threatened me and my family numerous times and was stalking my fiancee for a while. I actually had to move across town and give him a false address just to get away from him. Yes it's unfortunate that he wasn't armed, but what was I to assume, with him approaching me with balled up fists and him running in my direction.
4) I didn't come on here to bait anyone into an argument. Those who know me know I'd rather not feed into anger and negativity. I'd rather just remove myself from the fray entirely. I carry a gun to exercise my rights as an American, to protect myself and my family and to take part in a great hobby.... Not to get into a pissing contest, not to compensate my "manhood" (or lack of thereof) and sure as hell not to blow a hole in the first jackass to look at me wrong. I did need to vent and some people, out of either good intentions or contempt, told me some things that really angered me. Some of the things were the truth.. and some were just hurtful and unnecessary.
5) Finally, We, as a whole are a family of sorts and we're supposed to support each other. And if you don't want to help, STFU or GTFO.. as Primal has put it so eloquently.

[Jones]

If me and my family were being approached by someone who had violent tendency's towards me and I felt I had no way out....id stop the threat. The last thing Id want to do is kill a man. So pulling it out to stop a threat is one thing and then having to pull the trigger to stop it is another. If there was a way of escape then of course choose it. Otherwise id do what I had to do.


Hope it all works out for ya man. Keep everything between your lawyer and yourself until its all said and done though.

[milcop2009]

You know...According to Georgia law.. there's a difference between threatening to use force and actually using deadly force. I could be wrong.. but long as I didn't pull the trigger and he didn't escalate... there's not a cold cell waiting for a warm body. Thanks everybody who is supporting me. It actually helps me sleep better at night.

[uncle jerky]

Well aside for the fact that i got a night in jail for defending myself and my family, the gun's at the police station and even though the charges I'm against are misdemeanors... it can pretty much ruin me as for my chances as to go into law enforcement... I really didn't have a reason to go see a lawyer. Nope... Nothing to hide. I posted what happened a while back.. I gotta find the post. 

A mis-d charge and 1 night in jail? Doesn't sound too serious. But, what do I know?

[jmstevens2]

You think it is legal, you believe you were threatened. These remind me that we cannot learn to shoot and take a CC class then think we are ready to carry. We may be able to defend ourselves in a perfect situation, but to be able to defend ourselves and families WE NEED TO TRAIN!! I mean go to self defense courses, IDPA, Practical Pistol, whatever. We need to learn the laws of the state we are in, not just live in, but any you are going to carry in. To carry is a big responsibility and you need to know ahead of time what to expect and what to do. The time of ambush is not the time to hone skills.

You may have done these things, I am not saying you didn't. It just seems to be a good time to remind people, there is a lot more to it than buying a firearm, bullets and a holster.

I hope it all comes out well, but since you are writing this I see that it did. If I go to jail and my family survives, I won. I just prefer to take steps to avoid that if possible.

[wade]

Did you talk to the police?  NEVER talk to the police when there's even the slightest possibility that you might be charged with something.

[mikana]

Some additional things to consider:

Did he reach into a pocket or behind his back?

Does he have a reputation of carrying a gun or a knife?

Has he ever threatened to do serious bodily injury to you?

Is he a trained martial artist, have military training, or were there other things you can point to that escalated your fear from getting punched to getting a bone broken or worse?

Is he alot bigger, stronger than you?

Did you have any physical infirmities that would have prevented you from defending yourself effectively?

Did he make any threatening statements as he approached you?

In my state, you're in a bit of a gray area.  Self defense is an affirmative defense to menacing, but you have to articulate why you felt that way.  A fist fight is not necessarily a good enough reason to pull a gun.  What made it uneven?  Think back to the situation.  You will likely find some circumstance that made you feel more threatened.  When you do, articulate the hell out of it.

[Jazz]

Milcop,

I can't say what will or won't happen.

I believe the worst case scenerio would be
considered bradishing a weapon.

Prayers with you bro.

Jazz

[milcop2009]

You think it is legal, you believe you were threatened.

Thanks for the good wishes.. but I'm not a lawyer.. don't play one on TV. Yes I'm a CJ major... but legalese sucks. It does look like I have a good set of legs to stand on... but I'm just going on what I have read and what I was told.

[robertgreen_86]

Pullin and praying for ya buddy. Hoping the best case were all is dropped, worst case i would guess 4th degree weapons misconduct.....not really that big of a deal, Might impair ya for a bit but eventually will clear up. BTW do you have any leads on leo jobs? I was a LEO in Michigan I still know a few folks and might be able to help you out. PM me for details....