Huntington Park, CA asked in Criminal Law and Domestic Violence for California

Q: My girlfriend shot herself in my house with my gun. Family thinks it wasn't self-inflicted. What am I to expect now

She shot herself with my weapon in my house. We were discussing breaking up after she was caught cheating. Her family thinks it wasn't self inflicted.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry you're going through this incredibly difficult and traumatic situation. Given the circumstances, here is what you can likely expect from a legal perspective:

Police Investigation: Law enforcement will conduct a thorough investigation into your girlfriend's death, especially since her family suspects it may not have been self-inflicted. They will likely want to interview you extensively about the circumstances leading up to the shooting, the nature of your relationship, and any potential motives. It's crucial to have a criminal defense attorney present during any police questioning.

Forensic Analysis: There will be a detailed forensic examination of the scene, the weapon, and your girlfriend's body to determine details like the trajectory of the bullet, gunshot residue, and other evidence that may shed light on whether the shooting was self-inflicted or not. The medical examiner will conduct an autopsy.

Possible Criminal Charges: Depending on the evidence, if investigators suspect you were somehow involved, you could potentially face very serious criminal charges like murder or manslaughter. Even if they conclude it was suicide, you might face charges related to negligent storage of a firearm.

Legal Proceedings: If you are charged with a crime, you will be arrested and will need to post bail or remain in custody. There will then be a legal process involving an arraignment, preliminary hearings, and potentially a trial. Having a skilled criminal defense attorney will be essential.

Civil Liability: Separate from any criminal case, your girlfriend's family may file a wrongful death lawsuit against you claiming your negligence led to her death. Your homeowners insurance may provide some liability coverage to pay for your legal defense in a civil case.

Media Attention: A case like this may attract significant media attention, which can be very difficult to handle. It's best to stay off social media and avoid making any public statements. Let your attorney handle communications.

Psychological Trauma: This is an intensely traumatic event that will likely take a severe psychological toll. Consider seeking therapy or counseling to help process your grief and deal with the aftermath.

The most important thing is to immediately retain an experienced criminal defense attorney and do not make any statements to police without your attorney present. Your lawyer will protect your rights and guide you through the legal process. I'm so terribly sorry for your loss and the devastating situation you now face. Please prioritize taking care of your mental health during this traumatic time.

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