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Who are the best 2nd Amendment / Self-defense attorneys in the Sacramento area?

Sacramento, CA |
Filed under: Criminal defense

I want to establish a pre-need, hopefully to never be officially needed, relationship with an attorney so that I have contact information available should it ever be needed.

Attorney Answers 5

Posted

Unfortunately, this forum doesn't really function as a jobs bulletin board, so you may not get much in the way of a response to your post. You will have to take the initiative and contact attorneys to find one to establish a relationship with or represent you. Your best bet is to use the Find a Lawyer tab on Avvo to find attorneys in your area to consult with... Best of luck to you...

THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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Posted

I've won several felony assault trials based on self-defense grounds, and had a jury find a client guilty of a lesser voluntary manslaughter in a murder case, but success defends on the facts.

The fact that you're looking for an attorney concerns me. Although I would be perfectly willing to use deadly force in an appropriate situation, I'm not so preoccupied with the possibility that I want to have counsel on retainer in case I have to kill someone.

I'm also a little confused by the way you've combined the Second Amendment and self defense, which are different concepts.

You should never use deadly force unless there is no other alternative. Self-defense is what's called an affirmative defense, which means there has to be evidence to prove you were reasonably in fear for your life, and that you used no more force than necessary.

That means you should never use a gun against another person unless the situation is so dire you're willing to go to prison for the rest of your life if a jury thinks you went too far.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Posted

I agree that you're confusing the second amendment (which relates to an individual's right to keep and bear arms) with self defense which relates to an affirmative defense that a defendant can raise in an assault or murder case if appropriate. It's true that one of the reasons - though not the only reason - the second amendment exists is to protect an individual's right to self defense. Speaking more practically, if you shoot someone the legality of your actions will turn on whether you had a right to defend yourself (or someone else) and thereby acted legally. The second amendment really restrains government action in terms of what arms it may ban or limit sale or possession of and under what conditions. This is a developing area of constitutional as the US Sup. Court only relatively recently ruled that the second amendment protects an individual's right (as opposed to a right of state militias) and that applies to the states. There have been a couple other cases but generally the contours of the amendment are not as clearly defined as for instance the first and fourth amendments where there have been far more Supreme Court and federal circuit opinions in the last several decades. I recommend you strictly comply with all federal and state gun laws and not fire your gun unless you imminently face death. If you do shoot someone, you are well advised not to speak to the police without an attorney present. I would not use a gun with the idea that you will necessarily succeed on a self defense claim at trial. If you seriously injure or kill someone you may well get convicted despite theoretical legality of your actions or skill of your attorney.

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Posted

Your question does not really identify whether it is a 2nd amendment right for guns, or self defense. If it is a right to have a gun, then you should check the calguns.net website. If it is a self defense issue related to a gun charge, consult an experienced criminal defense attorney in Sacramento. Adam Richards is a very experienced gun rights attorney in Sacramento. Good Luck!

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Posted

If you haven't yet been arrested or charged with a crime but are concerned that you might be, you can enter into a "pre-file" agreement with an attorney. This is an agreement that puts the attorney "on call" for you if you should be arrested or if the police should want to ask you questions or search you, your home or your belongings. I do these types of agreements. Ask for an initial consultation with lawyers and find out just what they will do for you on a pre-file basis and how much they would charge for it. Most criminal defense attorneys offer free initial consultations.

The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

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