I never stated it was against the law, that’s your issue and your issue alone.
It was an admonishment from the defense attorney to choose your words wisely if you find yourself in a SD situation.
You’re looking for an argument or have a need to be right, whatever it is that’s your issue not mine.
You can continue beating this dead horse, I’m out.
As for me mishearing what was said, maybe you weren’t paying attention when the defense experts or attorneys were speaking.
No, I’m looking for a clarification and understanding because again, this is counter to everything I’ve been told both directly and indirectly by Lawyers who specialize in Self Defense.
If it is lawful in your state to threaten the use of deadly force to deescalate a situation or to deter an attacker and you are otherwise lawful in your actions I cannot see how this can be in any way deemed “premeditation”.
I also went back through our entire conversation to see if I’d missed or misinterpreted something.
The below was stated by a defense attorney in response to the DA saying with the statements from those who know/know of you and a search of your social media/internet history he could twist and turn “I’ll shoot” to meet the requirements of pre-meditated murder.
Again it seems that the context is post event when they look into your history, not what you did or said during an otherwise lawful use of deadly force in Self Defense.
I’ve heard the same thing that @BrophE has, @Wildrose.
It has to do with intent. Saying the words “I’ll shoot” before shooting someone means that you’ve had enough time to think about shooting someone to vocalize your intent and may be used against you.
I believe what @BrophE is saying - and please correct me if I’m wrong, BrophE - is that there are better word choices than saying “I’ll shoot.” Training to use phrases like “Drop the weapon”, “Stop”, or “Get away from me” helps avoid using language that may be used against us in court.
It’s very similar to how we train to not swear when we’re in that type of situation. We teach “drop the weapon,” not “drop the _____ing weapon” not because it’s illegal to swear, but because it’s better for our legal defense in the long run.
I was taught to yell " Get Back I am armed the Police are on the way" to convince the bad guy to walk away. This phrase can be yelled while your hand is on your gun but the gun is still in it’s holster. Or it can be used after you have drawn your gun but are trying to avoid having to pull the trigger.
I would yell this command with my hand on my holstered firearm and my non firing hand out creating a fence before I would choice to use a pre-emptive strike. You want to avoid using violence if possible. I don’t even risk fist fights or verbal arguments with drunk people because my gun is always on my hip.
A verbal argument or fist fight can turn into a gun fight way to fast it’s better to avoid them altogether.
The only fight you’re guaranteed to walk away from is the one you avoid.