I have a question for a LEO regarding ramifications of drawing my firearm in a given situation but not firing. I will provide an examplesof situations I am referring to:
Someone pulls a lethal weapon such as a knife with an intent to rob or assault me or some innocent bystander. The person is outside of immediate striking distance but close enough to overtake their intended target if an attempt to retreat is made. In my mind, I have a firearm and he has a knife. If he attacks me I am most likely in the better situation. So the question is, he is within 10-15 feet of his target, and pulls a knife with obvious bad intent. I pull my firearm but do not shoot immediately to give him the chance to yield. What would the legal ramifications be? I am thinking that if I am able to take myself or the bystander out of harms way without shooting the bad guy, that would be the ideal choice for me. However, I have heard that not firing would negate my defense of feeling myself or someone else was in immediate danger and therefore would be open to prosecution.
Someone pulls a lethal weapon such as a knife with an intent to rob or assault me or some innocent bystander. The person is outside of immediate striking distance but close enough to overtake their intended target if an attempt to retreat is made. In my mind, I have a firearm and he has a knife. If he attacks me I am most likely in the better situation. So the question is, he is within 10-15 feet of his target, and pulls a knife with obvious bad intent. I pull my firearm but do not shoot immediately to give him the chance to yield. What would the legal ramifications be? I am thinking that if I am able to take myself or the bystander out of harms way without shooting the bad guy, that would be the ideal choice for me. However, I have heard that not firing would negate my defense of feeling myself or someone else was in immediate danger and therefore would be open to prosecution.