Self defense?

Question

If someone were to attack me and i have a gun and i shoot this person, what would be the consequinces? This person clearly attacked me first and I am acting in self defense. What happens if i just shoot him, what happens if he dies?

Answer 1

How did they attack you? Where did they attack you? Did you legally posses the gun? If you email me with the specifics I can answer this question better.

You can only use deadly force in self defense to counter act deadly force being used against you. Meaning if someone fist fights you, you cant shoot them and claim self defense. If you are put in imminent fear of death or serious bodily injury ( causing permanent dismemberment / disability, severe injury) not a black eye or broken nose., you may use deadly force to protect yourself. But keep in mind most states require you to retreat and get away from your threat first if at all possible, then after all avenues of escape have been exhausted and the threat is still present you may use deadly force. (This does not apply to law enforcement, they do not need to retreat. You also do not need to retreat if you are in your own home.)

1) If the criteria is not met and you shoot him, you will be charged with Aggravated assault or maybe attempted homicide, if he dies you will be charged with aggravated assault and homicide.

2) If the criteria for self defense is met and you shoot him you will be cleared of such charges as aggravated assault and homicide but still may be charged with illegal possession of a weapon if you were not authorized to possess that gun.

Answer 2

Generally speaking, to prove Self Defense (and yes, the responsibility to prove it would be on you, you can't just claim it and make the prosecution refute it) you'd have to show a REASONABLE fear of IMMINENT bodily harm.

You don't prove that by claiming you were assaulted by a kid tossing marshmallows, and you don't prove it by claiming someone called you from across town threatening you so you drove over there and shot him. You don't have to prove they definitely would have killed you, and it won't even matter that they were incapable, but your fear must be reasonable (He looked like he was reaching for a gun and said "I'm gonna shoot you").

Answer 3

it depends...with self defense you can't use deadly force unless you reasonably believe it was the only way to defend yourself....so if a guy punches you and you pull out the gun and kill him...you have imperfect self defense which is manslaughter....but if he hit you with a lead pipe or attacked you with a knife or other deadly weapon...then you have a self defense claim that would bar conviction

Answer 4

Manuel,
First of all, if a jury thinks you provoked someone to do that, then you could be in hot water. If you are minding your own business and you're thinking of shooting them, you'll need to prove that they intended to kill you. If you can prove that (beyond a reasonable doubt) then you'll be justified (true self defense is OK), but if someone is just teasing you or messing with your head, you probably shouldn't pull the trigger.

Answer 5

It depends upon where you live. But for the most part IF your life is in imminent danger and you have no recourse to save your life other than the death of the attacker then you would be released from charges.
But...if you have any chance to evade without causing harm then that negates the self defense claim and you would be charged with his death.

Answer 6

There must be a genuine threat to someone's life in order to use deadly force. Any time a firearm is used, there will be an investigation. Best to be sure he dies and cannot testify against you.

BTW-Shoot him in the pants...the jacket is mine.

Answer 7

This is a question not easily answered--what type of weapon, handgun (requires permit to carry) or long gun (shotgun/rifle, no permit required to own, but you can't walk down the street with it). Can you be more specific in your scenario?

Answer 8

It depends on the situation and circumstances. You have to be able to demonstrate that you were in fear of losing your life, and you had no means of escape or avoiding taking another persons life to protect your own..