Law of Self Defense

Imminence ≠ Immediate: PART 2!

April 01, 2023 Attorney Andrew F. Branca
Law of Self Defense
Imminence ≠ Immediate: PART 2!
Show Notes

Yesterday we covered the interesting appellate reversal of the murder conviction of a woman who claimed self-defense in the shooting death of her boyfriend.  She shot him dead under circumstances in which he wasn't in the moment presenting an immediate threat to her.  

Generally this would mean she killed in the absence of an imminent threat, which should result in the rejection of her self-defense justification. Indeed, the jury did exactly that, and convicted her of murder as charged. 

The appellate court, however, was persuaded that in the context of this trial involving claims of domestic abuse the definition of "imminence" should not be limited to "immediate," but rather can have a broader temporal boundary to include even past or future, speculative threats as sufficient to justify the use of deadly defensive force.

We covered all that yesterday when we read through the appellate court's reversal of her conviction, and remanding for new trial.

This morning I came across a news article that provided a great deal more detail on the trial proceedings than was shared by the appellate court, so I've set up this impromptu live show today to share those interesting details with you.

Join me LIVE at 1 PM ET!

LAW CARDS! https://www.kickstarter.com/projects/lawcards/law-cards

Gracie Jiu_Jitsu 101 FREE SEMINAR (Colorado Springs), April 8: gjj101.com

NEW! Law of Self Defense ADVANCED Class!
This is our full-day course on the use-of-force in lawful defense of yourself, your family & your property, applicable to all 50 states.
We only teach this one AT MOST twice a year, and this is the first of 2023.
Saturday, April 15, 2023--PRE-REGISTER TODAY AND SAVE 10%!

Want to be able to stay with us for the LOSD Member portion of the show? BECOME A LOSD MEMBER RIGHT NOW! It's less than $10/month, only about 30 cents a day! https://lawofselfdefense.com/join

SUBSCRIBE TO our NEW YouTube channel for short content:
"Law of Self Defense Briefs"
https://lawofselfdefense.com/briefs

SUBSCRIBE TO our STANDARD long-form YouTube channel:
"Law of Self Defense"
https://youtube.com/lawofselfdefense

FREE! Law of Self Defense “HARD TO CONVICT” Webinar!
https://hardtoconvict.com/
FREE, BUT VERY LIMITED SEATS!

FREE LEGAL CONSULTATION!
We ONLY consult on legal cases for our Platinum members!
BE HARD TO CONVICT, become a Law of Self Defense Platinum member TODAY!
http://lawofselfdefense.com/platinum

FREE BOOK! “The Law of Self Defense: Principles”
Physical book, 200+ pages, we just ask that you cover the S&H:
http://lawofselfdefense.com/freebook

FREE 5-ELEMENTS OF SELF-DEFENSE LAW CHEAT SHEET!
Totally free cheat sheet explaining the 5-elements of any claim of self-defense.
If you don’t understand these five elements you have no idea what legally qualifies as lawful self-defense.
PDF download, zero cost:
http://lawofselfdefense.com/elements

Disclaimer - video is for educational purpose only.Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.