If a man gets attacked by a group of men, and in defense the victim stabs one of his attackers with his knife, legal length, with no intention of killing, but does kill one of his attackers....what would this be charged as in the court.
2006-09-24 15:36:52 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
AND WHAT DEGREE
2006-09-24 15:38:29 · update #1
It's unlikely that he'd be charged with anything.
While it was a homicide (violent death of a human), the cause was self defense (or should be).
2006-09-24 15:53:16 · answer #1 · answered by SPLATT 7 · 1⤊ 0⤋
It all depends on the state and how their laws on self defense read. In Texas, if the situation occurred as you describe, he would not be charged.
In a state that has laws more restrictive than Texas, it could be anything, but I would assume a murder charge. If the self defense is illegal, then the important mental state is not the intent to kill, but the intent to stab. If the victim died, the person is guilty of murder, normally what is called first degree murder.
But I repeat, it would strongly depend on the actual state laws, both on the various assault and homicide type crimes and the self-defense.
2006-09-25 01:11:15 · answer #2 · answered by Steve R 3 · 0⤊ 0⤋
The correct answer is Involuntary Manslaughter if depraved indifference comes into play.
Somethng like that gets knocked down to Reckless Asault or Simple asault
2006-09-24 22:42:20 · answer #3 · answered by northyankeefun 3 · 0⤊ 0⤋
You could be charged with involuntary manslaughter...
However according the penal code you have the right to defend yourself with any force necessary to stop the aggression ....If you fear for your life and a reasonable and prudent person would believe that deadly force was necessary to protect yourself. Texas PC 9.32
Look into your state laws.
2006-09-24 22:56:11 · answer #4 · answered by pete 2 · 1⤊ 1⤋
Manslaughter. If I'm on the jury, we're going to aquit or hang the jury.
2006-09-25 22:05:11 · answer #5 · answered by crimethinker1984 2 · 0⤊ 0⤋
gotta be some law students here but my guess would be
ruling of involuntary manslaughter in defense of oneself
2006-09-24 22:44:39 · answer #6 · answered by rikenelson 3 · 2⤊ 0⤋
I think it would be 2nd degree manslaughter.
1st degree would be premeditated
Check the web for your state's law about manslaughter
2006-09-24 22:40:55 · answer #7 · answered by Christy 4 · 1⤊ 1⤋
well in that case i think your case will be drop soon but before that,they will run a polygraphic test first,so relax and don't be afraid of what the police stays to you and just stay calm.MAY GOD BE WITH YOU.
2006-09-24 22:53:23 · answer #8 · answered by RASENGAN 2 · 0⤊ 0⤋
hard to say, should be self defense but with todays courts could be aggravated assualt also.
2006-09-24 22:39:37 · answer #9 · answered by mr_fixit_11 3 · 0⤊ 1⤋
Stupid in the first degree
2006-09-24 22:38:59 · answer #10 · answered by Anonymous · 2⤊ 1⤋