Can I be charged with attempted murder if I beat someone's *** with just my hands and feet,even if they swung on me first with a steel pipe?When I say beating ***,I mean hospitalization and surgery needed.
2007-01-24 06:14:34 · 6 answers · asked by wicked_bassist 2 in Politics & Government ➔ Law Enforcement & Police
You can be charged with anything the prosecutor believes he can prove. (Victims of crime do not decide whether to charge offenses, and do not decide what offenses to charge.) Attempted murder requires proof that you intended to kill the person. You do not identify your jurisdiction, so it is impossible to specify what lesser offenses might apply, though it would be something in the nature of an aggravated battery.
Although a person has the right to use self-defense when attacked, the force used in defense must be reasonable. If a prosecutor thinks the force used is unreasonable, you could be charged with an offense. It would ultimately be up to a jury to decide whether a crime was committed.
2007-01-24 08:49:18 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Well, by law, your duty is to flee any threatening situation, not ensue it. Just becuase he swung first dosent give you the power of law to fight back. You may think that is being a wussy, but if you dont want to get charged or sued, that is the way to go. You need to prove that you fled the situation without attempting to start a fight.
2007-01-24 08:15:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It's up to the DA. You could be charges with Agg Assault or Attempted Murder. It depends on alot of things.
2007-01-25 05:42:58 · answer #3 · answered by Mary G 3 · 0⤊ 0⤋
Well that person could press charges on you, also the police may charge you with lesser crimes. What you did was use excessive force which is serious considering that person needed surgery.
2007-01-24 07:54:24 · answer #4 · answered by Michael R 3 · 0⤊ 0⤋
Yes you can be charged with assault causing bodily harm.
Once the other guy was incapacitated, he no longer posed a threat. Any punishment meted out after that would constitute "Excessive Force".
You can be sued too.
2007-01-24 08:00:39 · answer #5 · answered by Jack 6 · 1⤊ 0⤋
they could press charges against you, however you could turn around and press charges on them seeing how you have said they swung first. YOUR best bet is to contact an attorney and discuss ti with him/her.
2007-01-24 09:40:19 · answer #6 · answered by nickle 5 · 0⤊ 0⤋