I assume you are asking this question for general information purposes, and want to know the answer in order to judge whether it is worth risking a conviction to defend yourself. Let me start out by saying if you have been charged with any crimes relating to the scenario you provide, you need to contact an attorney immediately, and stop posting anymore details about your case online; in fact, stop talking about your case to anyone.
If you are just posing a hypothetical, as I suspect, you should know that the answer is very complicated. Generally, however, assuming you acted in lawful self-defense, there really should be no consequences. Of course, that is a huge assumption. It will be up to the prosecutor and then possibly a jury to determine whether you acted in self-defense. If they find you did not, then there are several crimes you could potentially be charged with.
If you fire your gun and it is not lawful self-defense, you can be charged with homicide, ranging from intentional manslaughter to murder, and if you don't hit the person, reckless discharge of a firearm or other similar crime (felonies which can prohibit you from owning firearms for life). If you draw but do not fire, but it is found you were not acting in self-defense, you can be charged with, among other charges, unlawful brandishing of a firearm, which carries with it a 10 year prohibition on firearm possession.
Also, by carrying a handgun that is not registered to you that is either loaded, or its unexpended ammunition is in your immediate possession or readily accessible, you can be charged with a felony (instead of a misdemeanor, which is the normal charge for simple unlawful carrying of a firearm) separate from the brandishing, etc. This is the case even if you don't draw the gun, just having it in public is likely a violation.
I do not know your circumstances, so I do not know if you are under a specific threat, which may make it lawful for you to carry a firearm for self-defense without a license. But again, the prosecutor and eventually the jury will have to believe your story. If you are under such a threat, make a report with local law enforcement and speak with an attorney about getting a restraining order against the person (which may make it lawful to carry a concealed firearm, whereas without an order you can only carry one openly, which is bound to bring law enforcement's attention.) But you should just try to get a carry license, I believe the sheriff in your county gives them out pretty often, and carry a registered firearm per that license. That was you avoid all this.
If you have any additional questions there are a lot of firearm references on my firm's website. Good luck.
Michel & Associates, PC
(562) 216-4444
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
You can defend your self as necessary and reasonable, but you are still on the hook for any gun law violations, unless you were only carrying because of a need for self-defense and there was no other alternative, such as calling the police. It is virtually impossible for such a situation to arise, so in all actuality, you are going to be on the hook for any gun law violations.