US Law Shield’s Illinois program attorney Michael Johnson addressed a full house in Pontiac on the Justifiable Use of Deadly Force.
It proved educational, especially for those with little or no good formal training. It’s one thing to read the law. It’s another thing to know how the courts interpret the law through precedent.
He covered the basics of when the law allows a person to use force in self-defense, both non-lethal and lethal force. The use of force has to be proportionate. For example, a toddler trying to hit you with a baseball bat is entirely different than Mongo the Mauler who just got out of prison pumping iron for fifteen years swinging that same bat.
Of course, lethal force is only allowable when you face the immediate threat of death or great bodily injury as an innocent party. If you initiated the confrontation or escalate the situation, your right to self-defense diminishes rather quickly.
The threat also has to be imminent, and the attacker has to have the ability to inflict death or great bodily injury. You can’t smoke someone who says they’re going home to get their gun to settle the matter. Likewise, someone threatening you with a knife on the other side of a busy six-lane highway doesn’t really pose an imminent threat either. You would be better off to employ the Nike defense and run the other direction, even though Illinois legal doctrine doesn’t require retreat.
Johnson shared some basic rules, including you can’t shoot criminals over property-only crimes.
Do you talk to police? NO! Don’t talk to the police. Period.
You don’t have to be rude. Johnson says you can tell them your name. But you have to clearly express that you wish to talk with your attorney before making any statements or answering any questions. If you don’t do that, they can continue to ask questions. Heck, they may even approach you after you’re talked with your attorney to test your assertiveness in refusing to answer any questions without counsel.
Attorney Johnson also spoke of the cases US Law Shield will defend a subscriber: “We take a liberal view on self-defense claims” and seldom refuse a case. What’s more, even if there’s a conviction at the trial court level, they will represent the defendant in an appeal. They also cover civil liability from the use of force as well. Fortunately there’s a two-year statute of limitations on those lawsuits.
The audience gave him some great questions, too. Like about traffic stops. Roll down your windows, turn on the interior lights at night and keep your hands visible. Tell the officer: “Officer, I’ve got a carry license. I have it on me. What’s the best way to proceed?”
Don’t give the cop a hard time on the side of the road, even if you believe what he or she is asking is inappropriate or unreasonable. There’s no need for that. Litigate that later in court if you feel the need. Communicate and move slowly and deliberately.
Asked if you should have someone else at the scene of a self-defense incident call 911 instead of you, Johnson shook his head no. “I’d rather keep them as a witness than muddy the water with them becoming a participant.”
Speaking of the 911 call, Johnson shared a suggested format. Give your immediate address as best you can. Tell them your name and that you were the victim of a crime. Perhaps give a description of what you’re wearing… and that you’re armed. Tell them to send the police and two ambulances. Then HANG UP.
Sure, they’re going to call back. Don’t answer. (Hint: This might be a good time to call your US Law Shield Emergency Contact number…)
Johnson also shared information from a couple of cases he’s handled in Illinois including an acquittal on a murder charge a couple of years ago. A man signed up over the previous weekend at an event just like this one at the Pontiac Sportsman’s Club and later that next week, he shot and killed a violent man who tried to knife his friend.
The US Law Shield customer with a CCW and his friend and co-worker were trying to help the friend’s mom get her stuff and leave an abusive relationship.
After the acquittal, Johnson said, “He hugged me so hard when the jury read the verdict that my ribs were sore for weeks,” Johnson laughed.
He’s got a couple of pending cases currently and routinely answers member questions.
It keeps him busy but the self-defense cases where he helps good people beat bad prosecutions are the highlight of his 43-year career practicing criminal defense cases.
Asked if he planned to retire soon, he said he had no such plans, not unless his wife stopped shopping. In fact, his wife told him to keep working. He’s working on a second edition of his book on the law of self-defense here in Illinois.
[Editor’s Note: US Law Shield is one of the three legal defense products that we as GSL endorse currently. They offer great coverage at a good value. Some of their add-ons are very interesting, including the “minor” coverage to represent your minor children living at home should they use force in self-defense. The only downside we see to US Law Shield is that you have to use Michael Johnson and he’s up there in Chicagoland and that’s a long way from Central or Southern Illinois, although he’s certainly willing and able to drive.
If you sign up for US Law Shield as a GSL member, they will waive the account set-up fee for you (I think that’s $20ish) and give you two free months if you sign up for a year’s coverage on the spot.
For the record, the two other companies we like are Armed Citizens Legal Defense Network and US Concealed Carry Association. Either of those companies allow you to bring your own attorneys if you have one, or they can recommend outstanding counsel where ever in the nation you might happen to find yourself needing representation.
Discounts are available with these other companies as well. ACLDN will knock $25 off your first year’s dues if you mention John Boch or Guns Save Life. (We don’t get kickbacks, they simply track referrals.) USCCA will give you 15% off your dues if you sign up through group sales. (We could have accepted a 40% commission to refer people to USCCA, but our recommendations and positive reviews aren’t for sale.)
We don’t really care where our members and friends get coverage, just have coverage so you don’t go bankrupt defending yourself against the legal system after righteously exercising your right to self-defense.]
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