Shot in Self-Defense, Charged with Assault with Deadly Weapon
My question involves criminal law for the state of: North Carolina
On one night, I set out to meet up with a buyer who responded to my ad for a laptop on craigslist.
I got a text from him to meet in front of a bar/restaurant.
So I got there, park my car and the guy (black male, long beard) was sitting in front of the restaurant. We shook hands and I showed him the laptop.
I asked if he wanted to see the receipt which was in the car.
What happened next is disputed, but I felt threaten enough to emptied an entire mag from my firearm at him and he got away with the laptop.
The detectives said the bullet shells shows that I discharged the firearm several yards from my car which the detectives take as a sign of pursuit because they saw the laptop box on top of my car trunk
I was questioned for several hours, placed under arrest for assault with a deadly weapon-serious injury. I spent the next day in jail and got out on bond.
Now, "the detectives said" that I was being inconsistent because when I explained what happened to them at the scene, they did not remember that I mention anything about thinking I saw a shiny object in his hand which I thought was a weapon that he might try to harm me with. This was later mentioned at the station.
They asked me a lot of questions which I answer that I did not remember.
I did not remember where the receipt was in the car or whether I pursue him or not.
All I told them were that I thought my life was in grave danger, I was afraid for my life and shot out of fear, not anger.
The two of them grilled me throughout the night and asked me questions like, "did you feel that you've made a mistake tonight and went too far?" "No, I felt that my life was in danger."
They asked for the password to my phone so they could see the text message. I unlocked it but didn't tell them the code. The guy sent me a message after he got away, "you shouldn't have shot pussy lol"
They "implied" that the witnesses they have told a different story, including the robber. Then later they told me that "the truth is we already caught him and he's in the other room."
They told me that the witnesses, (they were being really vague, the witness might just be the robber), said the robber did not pose a threat and it was simple larceny.
I feel like they were lying to manipulate me into indicting myself.
I don't know how this will play out. My brother has contacted a lawyer but I might be going to federal prison for several years if found guilty by the jury.
They also kept my cell phone, which has all the conversations and ccw permit.
Several times throughout the interview, I requested a lawyer because I was not in the right state of mind to provide a clear statement. They refused, saying I was not under arrest and am free to go.
When it was nearly morning and I was practically delirious from exhaustion, I insisted on leaving. They came back with handcuff, announce my arrest and read the miranda right.
Can someone tell me what my outcome will be? I have no record of criminal history.
Re: Shot in Self-Defense, Charged with Assault with Deadly Weapon
Sure. The jury at the end of your trial. Anybody else is guessing.
Re: Shot in Self-Defense, Charged with Assault with Deadly Weapon
You really need a lawyer. What you did, even using your own terms and statement, does not justify the use of a deadly weapon.
Quote:
thinking I saw a shiny object in his hand which I thought was a weapon that he might try to harm me with.
thinking you saw a shiny object.
That means you are not even sure you saw a shiny object and you obviously cannot identify what was in his hand. As such, there could be no presumption of fear of death of great bodily harm. On top of that, even if he is attacking, once he withdraws, you no longer have the right to use a deadly weapon.
Quote:
Several times throughout the interview, I requested a lawyer because I was not in the right state of mind to provide a clear statement. They refused, saying I was not under arrest and am free to go.
so, why didn't you leave any of those several times?
at this point, you need to stop talking to anybody about this and hire a lawyer.