Thread: Scenerio
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Old October 20, 2001, 10:23 PM   #4
garrettwc
Senior Member
 
Join Date: October 3, 2001
Posts: 641
I can hear the attorney now. "Ladies and gentleman of the jury, the victim mistakenly walked into the defendant's house, and was shot by the defendant who was under the influence of alcohol"

Would I still shoot yes. Then I call 911 and my attorney, in that order. I tell the arriving officers, he attacked me, I feared for my life, I defended myself, I want to speak to my attorney. Then shut up.

Tell the attorney about the two drinks, and have him ask for a breathalyzer. If you only had a couple of social drinks then the test will prove your blood alcohol content at the time. You have already gone a long way to taking that argument away from the prosecution.

The "my home is my castle" doctrine applies in most cases, and self defense is predicated on what a reasonable person would do. The prosecution will likely argue that the alcohol made you unreasonable. You and your lawyer must prepare for this as part of your defense.

YMMV
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