The Choice of Evils Defense is often improperly confused by Judges and Attorneys with the defense of Justification in Murder and Manslaughter cases.   In over 90% of the cases of self defense a shot does not have to be fired to discourage a person from an attack.  The presence of a firearm will often discourage a person from making a fatal mistake.  Felons can sense when a person is ready willing and able to defend themselves and whether they are conscious of what is going on around them. 

Such individuals are not easy targets and felons normally only attack persons when they can have superior numbers and force as predators.  The Choice of Evils defense only exists when a person has not fatally injured the attacker and there was a non fatal injury or threat to a person.  Under these circumstances there is a lesser degree of proof and evidence that is needed to justify the conduct of the use of a firearm or deadly force.   When there was a non fatal injury or merely the threat of force was displayed then the person is "justified" when he does this to avoid a greater harm that is about to result.  

The Choice of Evils Doctrine is only a proper defense when a non fatal injury was the result.   See KRS 503.030 or Choice of Evils as a defense.  Notice how the statute is worded that it can not be a defense to an intentional killing.     

Every situation is different this is for information only and this is not legal advice.