Kinda depends on how you've trained. If you haven't trained to hit while moving, your fire may be ineffective. However, one of the more respected resources (Farnam? Smith?) avers that moving laterally gives your opponent a sufficiently more difficult problem that his hit probability goes waaay down.
Dunno what your state laws require, but here in Ohio our first duty is to run away. Moving laterally certainly satisfies that requirement whilst giving the bad guy a more elusive (literally) target. If you've trained to hit while moving, then that's the cherry on the whipped cream.
Regards,
Walt
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