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First round in the air, will get the goon off the lady and send them scrambling. you arrested for reckless endangerment and negligent discharge of a firearm because you can't account for where the bullet will land.

A firearm is lethal force. If you are justified in drawing at all, you are in a position where you need to kill the threat, not scare them.

This is how the law works. If you fired a warning shot instead of a kill shot, you weren't in immediate danger.