Charged? Maybe. It depends on the local prosecutor and the police report. Sometimes its clear cut, sometimes not. Was it indeed self-defense, or was one tryin to make it appear to be self-defense? The prosecutors and cops will look at EVERY detail before they reach a decision
"An affirmative defense to a crime. The use of reasonable force to protect yourself. Self-defense shields a person from criminal liability for harm inflicted on a aggressor. For example, a robbery victim who uses the robber's own weapon against him during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm."
Convicted? Whole different question.
Most times, it's clear cut and the charges just go away. Other times, there's a trial to ensure all of the evidence and witnesses can be brought forward. But still, self-defense must be proven and is never assumed. Law enforcement will usally work harder to prove it wasn't self-defense just to make sure everything is covered.
2006-10-13 18:39:16
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answer #1
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answered by Snaredrum 4
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Unfortunately, this is nothing new in the UK and it goes back even as far as the 18th century where self-defense was something realistically applicable to those only of the upper class. The right to self-defense for all practical purpose does not exist in the UK because as you have allure to there are so many criteria that has to be met before a victim can use deadly force. For example, if someone breaks into your home, you have to flee FIRST and only when you are cornered can you even begin to fight much less use deadly force as you may remember the Tony Martin case where 3 people broke into his home at night and he killed 1. Things are only going to get worse as the strangle-hold of political correctness has taken over much of European and some states in the US. Since you seem to be someone who would rather fight than being slaughtered, the only real option for you in the UK is to get a very good lawyer and have plenty of money saved up for a long court battle. Or move to the US - preferably to a state that has the Castle Doctrine.
2016-05-22 00:29:26
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answer #2
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answered by Anonymous
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You will now that you have asked this question. Self defense is a defense against murder as long as the death was reasonable within the circumstances. Someone breaks into your home and you pick up your legally registered gun and kill him, you will walk - as long as it was that clean. Now, however, you have put in writing your interest in this area and if you do kill someone in self defense you will be under suspicion and investigated until and unless it is clearly a case of self defense. Watch what you say. You could have asked the question, "If a person kills in self defense can he be charged? I was asked the question by a friend and I didn't have a clear cut answer. Anyone out there know?"
2006-10-13 18:38:35
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answer #3
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answered by ALWAYS GOTTA KNOW 5
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They only way you WON'T be convicted if you have a strong case supporting that there was no way you could stop this person from harming you. example, you were against a wall in a small room and had no where to run. you need a very good reason to kill someone in self defence, it's not like the movies where you kill someone if they walk into your garden lol.
2006-10-13 19:04:19
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answer #4
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answered by . 2
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This is a VERY open ended question. The circimstances decided whether or not self defense is a factor. Were you in danger of losing your life? Did you believe that? Depending on the state, did the guy break into your house?
Too much left out here to give a definitive answer.....
2006-10-13 22:12:02
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answer #5
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answered by APRock 3
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If they feel that your life was in grave danger then no you will not. Now obviously you have to prove that you were in grave danger. But No I wouldnt think so.
Oh and just because your asking this question does not make it premeditated. Like the other idiots keep saying. Its actually a common question that alot of people wonder about. It is an unclear law that many dont understand.
2006-10-13 18:35:56
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answer #6
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answered by Anonymous
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The best person to answer this question is a lawyer. It is illegal for anyone to give legal advice unless they are a lawyer. Don't always trust what you might get here. People do their best, but they are not a trained professional and could get in trouble for advising you.
2006-10-13 21:03:59
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answer #7
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answered by Cat 3
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The person has to be an imminent threat. Such as: they're standing there pointing a gun at you. Previous violent acts do not qualify, nor do threats with no overt action.
2006-10-13 18:48:07
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answer #8
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answered by Anonymous
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If you are White kill somebody in a favored minority, you will probably be charged with murder regardless of circumstances. The jury might let you off, but you better hope that the deceased brothas don't hold camp in the jury while they're deliberating your verdict because just one of them can dig in her heels for a guilty vote and any White jurors will change their votes to guilty, too, because they want to get back to their jobs before their boss replaces them.
2006-10-13 18:41:05
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answer #9
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answered by David S 5
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if you are being attaked, you can only retaliate as much as they do to you, no more. so if someone is trying with all their might to kill you and they break your arm, the only thing you can do is break theirs, if you do more, you'll get in more trouble. makes a whole lot of sense.... just like every other aspect of the justice system.....
2006-10-13 18:41:35
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answer #10
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answered by phobic_42 4
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