How Many Shots Is Too Many?

By Joey N. Hamby, Esq.

Don’t Ask One Question Too Many

There is a saying that we teach young lawyers when we are training them on how to cross-examine a witness in court. We tell them, “Don’t ask one question too many.” The young lawyers then ask: “How do I know which question will be one too many?” The answer is that you don’t know until the answer hurts your case.

The point of the saying is to stop while you are ahead and to not get greedy. I like to put it another way: “When you are winning, stop talking.” This is a good way to look at the number of shots that are fired in a self-defense situation.

The Three Questions That Actually Matter

Of course, there are some very specific legal guidelines that we can use to help us. First is going back to the guiding concepts of self-defense; reasonableness, imminence, and proportionality. Many self-defense trainers will tell you that you should continue shooting until the threat is neutralized. I agree with that statement, and it came from the principles of reasonableness, imminence, and proportionality.

Is it reasonable to believe that the attacker lying on the ground is a threat of death or serious bodily harm? Is that person an imminent, or immediate, threat? Is it a proportionate use of force to shoot that person?

It might surprise some people that the answer to that could be yes. If the attacker has the means to kill or seriously injure you, and there is an indication that he is trying to do so, you might be justified in firing again. But if the answer to any of those questions is “no,” then you will have a much harder time in court.

Is There a Magic Number of Shots?

There is no magic number of shots that is “too many.” I have proven that my clients were fully justified where they have successfully stopped attacks with a single shot, with two shots, and with many, many more. And by the way, that same concept is true for other types of self-defense, from punches, to stabs, to blows with a blunt object.

Why Prosecutors Get This Wrong

On the other hand, I can tell you I have seen situations where I am certain that police officers or prosecutors are arresting and charging based on the number of shots fired. This is where getting the best self-defense attorneys and experts is critical. Prosecutors and police officers often lack the training and the experience to evaluate these situations and understand the dynamics.

A prosecutor may think that the number of bullet wounds to the attacker shows that someone is using an excessive amount of force. But many factors have to be considered. As an example, many times it is impossible to see whether a shot actually struck an attacker or not. Real life is not a video game where you can see the impact of bullets. These events are chaotic and messy.

What You Should Actually Be Watching For

Usually, the best information you will have is simply whether the attacker is still moving toward you or still moving in a way that could be a threat. If one shot is enough to neutralize the attacker, then that is what is reasonable. If the attacker continues attacking until ten shots are fired, then that should be reasonable.

The Bottom Line

Remember, there is no approved number of shots because every self-defense incident has its own facts and its own unique issues. The important takeaway is that whether you fire once, or ten times, your actions need to be based on sound reasoning, in response to an imminent threat, and proportionate to the threat. Once the threat is neutralized, further shots create a risk that you can be faced with criminal and civil liability.

About the Author Criminal Defense Attorney Joey N. Hamby

Joey N. Hamby is a senior criminal defense attorney, a certified specialist in criminal law, and an author on The Attorneys On Retainer blogs. With decades of experience in self-defense cases, he is dedicated to protecting the rights and freedoms of responsible gun owners.

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