Image 01 Image 03
Sign In or RegisterLogout

Author: Andrew Branca

Profile photo

Andrew Branca

Andrew F. Branca is in his third decade of practicing law in the Commonwealth of Massachusetts. He wrote the first edition of the "Law of Self Defense" in 1997, and is currently in the process of completing the fully revised and updated second edition, which you can preorder now at lawofselfdefense.com. He began his competitive shooting activities as a youth in smallbore rifle, and today is a Life Member of the National Rifle Association (NRA) and a Life Member and Master-class competitor in multiple classifications in the International Defensive Pistol Association (IDPA). Andrew has for many years been an NRA-certified firearms instructor in pistol, rifle, and personal protection, and has previously served as an Adjunct Instructor on the Law of Self Defense at the SigSauer Academy in Epping, NH. He holds or has held concealed carry permits for Massachusetts, Connecticut, Rhode Island, New Hampshire, Maine, Pennsylvania, Florida, Utah, Virginia, and other states.

Posted by Andrew Branca on January 24, 2019 58 Comments
This Case of the Week involves an Indianapolis man who successfully ambushed three home burglars, killing one and driving off the others, who were ultimately arrested. (Click here for a link to the news report by the IndyStar.) Local prosecutors have announced that they do not intend to bring charges against the defender. Based on the reported facts this appears to be a perfectly sound call by prosecutors. So, a big win for the good guy, right?

Posted by Andrew Branca on January 19, 2019 119 Comments
This week's Case of the Week involves a video that has been making the rounds on the internet showing a large white man apparently knocking out a smaller young black woman with a single punch. I've seen reports that the man has been arrested and presume that he will attempt to justify his punch as a lawful use of defensive force.

Posted by Andrew Branca on December 11, 2018 48 Comments
A lot of people have been forwarding me articles about Cyntoia Brown, who was convicted of first-degree murder and aggravated robbery when she was a 16-year-old prostitute. Recent news coverage includes this very sympathetic piece from CNN and another from NPR, as well as a deluge of similarly sympathetic coverage from a variety of other sources. Brown unsuccessfully argued self-defense at her trail. The court sentenced her to life in prison. She will first be eligible for parole after serving 51 years of her sentence.

Posted by Andrew Branca on December 05, 2018 41 Comments
I came across this brief news article about a confrontation between a black FedEx driver, Timothy Warren, and an angry man who repeatedly shouted racial epithets at him. The driver killed the man. Prosecutors have decided against bring charges against the driver, despite the death of the victim. Based on the facts as reported, that appears to be the legally correct decision.

Posted by Andrew Branca on November 29, 2018 34 Comments
This case of the week involves a Montana man who reportedly shot his hunting partner just as they returned from a hunt to their cars in a K-Mart parking lot, according to this ABC Fox news report. The shooter is said to be an NRA Instructor in handgun and rifle. The victim was struck in the chest by a rifle round and died a short time later at a local hospital.

Posted by Andrew Branca on November 22, 2018 18 Comments
I came across this recent very brief, four paragraph, news story out of Illinois a few days ago of a defendant acquitted in a bench trial on several felony charges after he stabbed someone 10 times with a 2.5” knife during a road rage incident. I noted that it conveniently provided a good basis for discussing several interesting legal points that often arise in cases of self-defense.

Posted by Andrew Branca on November 17, 2018 35 Comments
This past Wednesday the Ohio House voted by a 64 to 26 margin to pass HB 228, which seeks to bring Ohio self-defense law into the modern era. It is believed by advocates of this legal advance that the Senate version of the bill will pass that chamber easily, and with sufficient votes to overcome a promised veto by Ohio Governor John Kasich (R). Although the bill makes several changes to Ohio self-defense and gun law, the changes of most interest in the context of self-defense involve changes to the burden of persuasion on a legal claim of self-defense and the adoption of a “hard” stand-your-ground provision.

Posted by Andrew Branca on November 16, 2018 26 Comments
This “Case of the Week” involves a conviction and sentencing out of Texas this past week, in which Terry Thompson was sentenced to 25 years in prison as a result of his use of a BJJ-style choke hold that caused the death John Hernandez in May 2017, as reported this week by KTRK (ABC) Television News. I also previously covered this case right here at Legal Insurrection: “Law of Self Defense: Murder re-trial for man who confronted public urination.”

Posted by Andrew Branca on October 26, 2018 13 Comments
This Case of the Week is not so much a case of self-defense law as it is a case of mischaracterization of self-defense law. As sure as the sun rises in the East and sets in the West, the media will continue to mischaracterize “Stand-Your-Ground” in terms of both actual application and as legal doctrine. A recent example came across my desk this week from a publication named “Black Voice News,” in an article you can find by clicking here.

Posted by Andrew Branca on October 18, 2018 107 Comments
On October 3, 2018, Michael Dunn—a City Commissioner for the city of Lakeland, FL—shot and killed Cristobal Lopez as Lopez shoplifted a hatchet from Dunn’s store, reports TheLedger, a local paper. The shooting occurred as Dunn was attempting to stop Lopez from leaving the store with the hatchet. The store's security recording captured the struggle at the door, the shooting, and the rapid demise of Lopez. You can be view below our video analysis of this shooting:

Posted by Andrew Branca on October 10, 2018 28 Comments
The Baltimore police officers who are suing State’s Attorney Marilyn Mosby for maliciously investigating and defaming them when she criminally charging them over the death of Freddie Gray while he was in police custody have appealed the 4th Circuit’s dismissal of their case to the US Supreme Court, according to the Baltimore Sun. A copy of the officers' petition for certiorari to the US Supreme Court is embedded at the bottom of this post. In addition, you can find my extensive coverage of the Freddie Gray cases over at Legal Insurrection by clicking here.

Posted by Andrew Branca on October 05, 2018 15 Comments
Not that it ought to be any surprise to anybody who looked at the evidence, but Chicago Police Department officer Jason Van Dyke has just been found guilty by a jury of second-degree murder in the shooting death of Laquan McDonald. There was a hypothetical narrative under which Officer Van Dyke's narrative of innocence might have been compelling, but he never offered such a narrative, even after testifying in his own defense -- likely because he hadn't the evidence to support it.
Accessibility by WAH