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I'm l iving in USA, Oklahoma city. Last week, when I were buying gas, a man jumped on me, hit me continously with his fist, he didn't say anything, I can't fight back because he was too tough, (nobody was there to stop him, it was in middle night) so I pull the gun out, and said "Stop, or I shoot!", but he's move on, I have no choice... I shot in his chest.
Later, it was confirmed that he's dead in hospital. I don't know who he is and never meet him before in my life. Up until now, I don't even know the reason why he jumped on me, (maybe because of money or maybe because he is psycho).
My dad bailed me out.
What will happen to me, is it legal self-defense? If I will have to be convicted, what is the maximum sentence for me?

Thanks all

2007-04-05 14:28:49 · 32 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

I have my license for carrying a gun.

2007-04-05 14:42:22 · update #1

32 answers

Were you in fear of being killed or of getting a bloody nose? How did you manage to get a gun in your hands while he was beating you? How did you get him to stop long enough to give him a warning? There is a lot more to this story than you have told us.

2007-04-05 14:35:24 · answer #1 · answered by lcmcpa 7 · 2 1

The station surveillance tapes should show what happened as well as the station attendants. No gas station that I know of in the United States does not have camera's or attendants.

If what you are saying is the truth then the jury will decide. Pray to your god and ask forgiveness. You will now live the rest of your life knowing that you killed another human being. Your conscience will haunt you as will the memory.

If you have a criminal record that will go against you. If the person who attacked you had a record or history of mental illness then that may help you.

It all depends on the District Attorney and you!

Get a good attorney for you will need one. Getting a beating in this world is nothing to a killing.

Good Luck and stop carrying guns!

2007-04-05 16:06:17 · answer #2 · answered by Sam 4 · 0 0

The same exact thing happened to a friend of mine in Arizona, where it was legal to carry a gun. His charges were reduced to discharging a firearm within city limits.

If your story is true, your best bet is to contact an attorney. Also see if the gas station had any cameras, that can help you prove your case.

Please keep us posted on what takes place. I find your situation to be very serious in regards to the fact you do have the right to defend yourself, it is just unfortunate that the man died, but it was now ones fault other than his own.
I guess I will have to say a little prayer for you when I finally het some sleep.

I wish you well. When I lived in Arizona I carried a gun with me all the time. Its just unfortunate bad things happen to good people. Take care.

2007-04-05 14:43:58 · answer #3 · answered by Gianna M 5 · 0 0

My best bet is that this did not happen, judging by what has been written. However, If these events are as actually described, It is legal self defence in any state i have lived in. In just about any state that allows lawful citizens to carry a gun the criteria for self defence is fear of imminent death, or serious bodily injury. The courts have rulled, time and again that fist strikes to be able to cause serious bodily injury in these kinds of cases. Fists can break jaws, and permanently damage eyes. The fact that he was "unarmed" would be a non issue in all but the most communistic states, if events happened as you've stated, and can can be proven to the court. The fact that you may have had a gun illegally, also would make no difference between a self defence/murder/manslaughter conviction. But could land you in trouble for handgun possession, which could be a felony in and of itself depending on where you were.

BTW, if it is rulled self defence he could not be convicted of manslaughter. By rulling justifiable homicide (ie, self defence) the court is implying that the person intentionally shot the attacker, and was legally allowed to do so. Manslaughter, in this particular case, could only be applied if someone were to claim, and prove that he did not intend to shoot, but that he accidentally shot. The real difference between manslaughter and murder is intent.

Just as a side note. I have handgun carry permits in both Indiana and Texas and carry regularly. I regard it as a civic responsibility, much like being certified to perform cpr, and basic first aid. I carry a handgun for defence of myself, as well as others in my community. I expressly regret the ignorance that went into some of the answers on this question, as well as the uncalled for, and self righteous judgements some have made.

2007-04-05 16:07:56 · answer #4 · answered by don q 1 · 0 0

You were within the legal parameters of self defense. This is a good example of why it is imperative that the people retain the right to carry guns. If he had a knife, or even by beating you, he could have killed you.
My advice is that you line up a very good lawyer because no doubt that a liberal prosecutor will try to file charges against you for defending your own life, just because you used a gun. If that is not the case, then you must also be prepared for wrongful death lawsuit by your attacker's family.

2007-04-05 14:49:55 · answer #5 · answered by Voice of Liberty 5 · 1 0

you cannot legally carry a concealed fire arm in the USA. lets assume it happened, and lets assume the gun is legal. If your story holds up to witness accounts and cross examination you should get self defense and be free or given a much lighter sentence, they will definitely remand you for psychological counseling either way because you just killed someone.

I'll never deny the importance of skin color, a good lawyer, a good attitude to the judge, and a reputable background are all very important in the courts final ruling.

2007-04-05 14:34:52 · answer #6 · answered by Anonymous · 0 1

You will likely get 7 years in jail with probation if the judge does not rule in favor of self defense.

Police will be able to tell if you were at close range (from tattooing around the wound). Additionally, take pictures of any injuries you may have sustained for your records or make sure they are noted in the police report.

This is a very unfortunate and traumatic thing for all parties involved.

However, you should have shot the man in the leg rather than in the vitals since that would not be considered attempted murder.

2007-04-05 14:36:08 · answer #7 · answered by Anonymous · 0 1

If you were legally carrying the gun, you won't get into alot of trouble! However, that was self defense! They shouldn't do anything! If carrying the gun illegaly than you might be sentenced to life in jail or killed depending on the laws at your place!

Peace!

2007-04-05 14:34:47 · answer #8 · answered by Anonymous · 0 0

this is serious so i will try my best to anser, i am only 13 but i do have an idea, if you were at a gas station which are noturious for robberies they wil almost certainly have a cctv system up, i am not sure of the laws in america on the topis but if you get in touch with the gas station asking if they did get the footage and im sure that would help. i hope u found my advice useful and good luck !

2007-04-05 14:34:47 · answer #9 · answered by bassr 1 · 2 0

I'm not familiar with Oklahoma law, but most states allow self defense. Also, the gas station should have some security camera video footage to back up your story, hopefully. If you were truly defending yourself and using "reasonable force" you should not have any prison time at all.

Good luck.

2007-04-05 14:33:40 · answer #10 · answered by Sam84 5 · 1 0

First of all why did you have a gun? Also, if this took place at a gas station it should all be on video surveillance, and if he was in fact beating you, it will be considered self defense (provided you were allowed to be carrying a gun)...

2007-04-05 14:32:07 · answer #11 · answered by Steven M 1 · 1 0

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