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Law of Self Defense

Author: Attorney Andrew F. Branca

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Attorney Andrew F. Branca's weekly plain-English legal educational News and Question & Answer show on American use-of-force law--self-defense, defense of others, and defense of property, to enable law-abiding people to make better informed, more confident, more decisive, and more lawful use-of-force decisions. 

551 Episodes
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Today's ~5 hour pre-trial hearing for upcoming Alec Baldwin manslaughter trial was largely a snooze-fest--but the last ~35 minutes was ABSOLUTE FIRE.So I've carved out that last bit so you can enjoy it without first having to slog through 4.5 hours of defense bloviating.Enjoy!THERE IS ONLY ONE SELF-DEFENSE "INSURANCE" PROVIDER I TRUST!There are lots of self-defense "insurance" companies out there. Some are hot garbage. Some have limited resources. Some are simply, in my view, untrustworthy. B...
On October 21, 2021, actor Alec Baldwin, on the set of low-budget Western movie "Rust," pointed what he knew to be a real gun directly at cinematographer Halyna Hutchins, cocked the hammer, depressed the trigger, and fired a fatal bullet into her body.Baldwin is now approaching trial on a charge of involuntary manslaughter.Last week the Baldwin defense team began arguing to the court that the manslaughter indictment should be dismissed WITH PREJUDICE--so that it could never be brought again--...
Frying Pan Home Defense!

Frying Pan Home Defense!

2024-06-2401:11:31

A Chicago man walks into his home and finds a burglar already present.The homeowner grabs a frying pan, and chases the burglar from the home, whacking away at the burglar's noggin.The chase continues outside of the home, into the yard, and ultimately down the sidewalk--at this point accompanied by Chicago PD.Join me to discuss the legal boundaries for the use of a frying pan in self-defense, defense of home, and defense of property!THERE IS ONLY ONE SELF-DEFENSE "INSURANCE" PROVIDER I TRUST!T...
New Mexico Judge Mary Marlowe Sommer, presiding in the manslaughter trial of Alec Baldwin, over his shooting dead cinematographer Halyna Hutchins on the set of the low-budget western "Rust," has scheduled a FULL DAY of pre-trial hearings to cover the following arguments between the state prosecutors and the defense team.These hearings are scheduled to be split between the morning and afternoon, so we plan to livestream these proceedings as two separate shows (all times are Mountain time).PART...
New Mexico Judge Mary Marlowe Sommer, presiding in the manslaughter trial of Alec Baldwin, over his shooting dead cinematographer Halyna Hutchins on the set of the low-budget western "Rust," has scheduled a FULL DAY of pre-trial hearings to cover the following arguments between the state prosecutors and the defense team.These hearings are scheduled to be split between the morning and afternoon, so we plan to livestream these proceedings as two separate shows (all times are Mountain time).PART...
New Mexico has charged actor Alec Baldwin with reckless manslaughter over his shooting dead cinematographer Halyna Hutchins on the set of the low-budget western movie "Rust." Baldwin's immediate conduct that results in the firing of the bullet that killed Hutchins ought to be enough, on the legal merits, to support his conviction beyond any reasonable doubt--he (obviously) never checked to ensure there was no live ammo in the gun, he pointed what he knew to be a real gun directly ...
A 77-year-old Oakland CA homeowner is confronted by multiple burglars in a stolen vehicle, armed with a crowbar, a fake gun, and disparity of numbers. He manages to fatally shoot one burglar, and holds another at gunpoint for police.Result? The HOMEOWNER is arrested on charges of murder. Can this REALLY be the use-of-force law of California? THERE IS ONLY ONE SELF-DEFENSE "INSURANCE" PROVIDER I TRUST!There are lots of self-defense "insurance" companies out there. Some are hot garbage. S...
Car thieves wave an apparently full-auto Glock with a drum magazine at the door camera of the victim's home, obviously threatening overwhelming deadly force if the victim attempts to thwart their theft of his vehicle. Would the owner have been legally justified in simply shooting THROUGH his door at the thieves in defense of himself? In defense of his home? In defense of his vehicle? THERE IS ONLY ONE SELF-DEFENSE "INSURANCE" PROVIDER I TRUST!There are lots of self-defense "insurance" compani...
Today's show is a brief follow-up to yesterday's "If Only USCCA Had Done It Right: Part 1"Unfortunately, yesterday I had a hard stop at the top of the hour, and wasn't able to fully complete my thoughts on this topic--so I do that in today's show.PLUS I'll comment on the recently announced new USCCA policies.THERE IS ONLY ONE SELF-DEFENSE "INSURANCE" PROVIDER I TRUST!There are lots of self-defense "insurance" companies out there. Some are hot garbage. Some have limited resources. Some are sim...
The United States Concealed Carry Association (USCCA) along with its partner Delta Defense LLC purport to pay their members legal expenses if the member is involved in a use-of force event. Indeed, their sophisticated internet advertising campaigns frequently feature CEO Tim Schmidt assuring the public that "We've got your back!"In recent years, however, USCCA has refused to meet that apparent obligation to its members. When asked about this the organization has either provided no particularl...
The legal defense for actor Alec Baldwin, scheduled for a manslaughter trial next month over the shooting death of Halyna Hutchins on the movie set of "Rust, is once again trying to get his indictment dismissed, this time with prejudice (meaning, he could not be re-indicted). An earlier effort to have the indictment dismissed on the premise that it "failed to allege a criminal offense" was recently swatted down by trial Judge Mary Marlowe Summer--but now the defense is taking another swing.Th...
The prosecutors in the upcoming manslaughter trial of Alec Baldwin for the shooting death of Halyna Hutchins on the movie set of "Rust" have asked the court to order set armorer Hannah Gutierrez--herself recently convicted of manslaughter in this case--to be compelled to testify against Baldwin.In addition, the Baldwin defense has abruptly decided to withdraw several of its planned witnesses, for reasons the prosecution suggests indicate that these defense witnesses would testified in a manne...
In today's show we cover the Courtney Clenney Arthur hearing testimony of the lead investigator, Detective Brecino. Specifically, we cover Brecino's cross-examination by Defense Counsel Frank Prieto.Overview:This week we're covering "OnlyFans Killer" Courtney Clenney, who on April 3, 2022 killed her boyfriend Christian Obumseli with a knife in their Miami apartment. Obumseli suffered a single knife wound to the chest.Clenney would tell investigators that the much larger and heavier Obumseli w...
In today's show we cover the Courtney Clenney Arthur hearing testimony of the lead investigator, Detective Brecino. Specifically, we cover Brecino's direct examination by Assistant State's Attorney Khalil Quinan.Overview:This week we're covering "OnlyFans Killer" Courtney Clenney, who on April 3, 2022 killed her boyfriend Christian Obumseli with a knife in their Miami apartment. Obumseli suffered a single knife wound to the chest.Clenney would tell investigators that the much larger and heavi...
A week ago last Friday, on May 17, Judge Mary Marlow Sommer, presiding over the manslaughter trial of Alec Baldwin in the shooting death of cinematographer Halyna Hutchins on the set of low-budge western movie "Rust," heard oral arguments around the defense team's motion to dismiss the grand jury indictment on a number of grounds. This motion was, of course, contested by Special Prosecutor Kari Morrissey. Although my own legal sense is that the motion was without substantive merit, it w...
A New York City liquor store owner finds two men stealing, and shoves them out the door onto the sidewalk. A verbal dispute continues, and one of the thieves charges at the store owner standing in his doorway, punching and kicking. The store owner then follows the thief out onto the sidewalk, and throws a right hand at the thief. In that right hand, however, was a pistol, and it discharges as the blow lands, resulting in a gun shot wound to the thief. Presumably the shot is uninte...
Very brief, personal show today, folks--this will be my one and only public statement regarding the recent news about my friend Nick Rekieta.No emotionless legal analysis today--just personal commentary and introspection. I rather doubt we'll go 10 minutes.Back on the regular schedule tomorrow, Saturday, May 25, with our review of the NYC liquor store shooting.
A Wyoming cop UNLAWFULLY breaches a man's home, homeowner shoots cop, cop kills homeowner--and the local prosecutor decides that's so obviously lawful self-defense that it doesn't even need to go to a jury.Wait, WHAT?THERE IS ONLY ONE SELF-DEFENSE "INSURANCE" PROVIDER I TRUST!There are lots of self-defense "insurance" companies out there. Some are hot garbage. Some have limited resources. Some are simply, in my view, untrustworthy. But there is ONE that I PERSONALLY TRUST to protect myself an...
Is it possible that pointing what one knows to be a real gun at another human being, cocking the hammer, pulling the trigger, contrary to all industry practices and safety guidelines, and without first ensuring there is no live ammo in the gun, and killing someone as a result, is simply not a crime?Earlier this month the defense lawyers for Alec Baldwin--awaiting trial on a charge of involuntary manslaughter for the shooting death of cinematographer Halyna Hutchins on the movie set of "Rust" ...
Yesterday Judge Mary Marlowe Sommer, presiding over the upcoming manslaughter trial of Alec Baldwin, for the killing of cinematographer Halyna Hutchins on the set of low-budget western movie "Rust," held a hearing to resolve a motion by Baldwin's highly paid defense team asking that the grand jury indictment against their client be dismissed. Arguing counter to that defense motion is prosecutor Kari T. Morrissey. Morriseey also prosecuted the manslaughter charges against "Rust" armorer Hannah...
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Comments (4)

Vicki Mayfield Camacho

The Murdaugh family lawyers, SC and other state courts have been jailing and executing African Americans with no evidence at all for years. That's why the first thing the stae did was take execution for Alex off the table, smh!

Mar 4th
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BJ Murrey

branca has zero tech skills. he needs an assistant. #boomer

Aug 19th
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