What can you be charged with? I'm taking a class in law and need help with this.
2007-06-02 21:16:32 · 13 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
People don't seem to realize that there CAN be legitimate reasons to flee a scene after killing someone in self-defense. If there was another person in the vicinity threatening your life, fleeing the scene would be very reasonable. Someone commented that "if there is a lot of evidence for self-defense, it could be manslaughter". That's ridiculous. Manslaughter is a crime, self-defense is not. So I suppose it would depend on the circumstances but if it was truly self-defense, fleeing the scene should not affect the whether or not someone is charged with a crime if there was a good enough reason to flee. On another note, I don't understand why people are such jerks on here. You didn't post a question to have people tell you to look it up in your books. They should bite their F***ing tongue rather than post absolutely USELESS answers on here.
2007-06-02 21:54:17 · answer #1 · answered by rondoggnuts 3 · 4⤊ 0⤋
Well, first you can be charged with murder, since self-defense is a defense which you must prove at trial. If you flee, of course, chances are you will be charged, since flight can be considered evidence of guilt both by the police and by a jury.
If you truly acted in self-defense, and prove it - you will be found not guilty of the murder. (Technically, your question should be if I "kill someone" in self defense, since murder refers to the crime. Semantics.)
If you flee the crime, it would depend on State law. You might be charged with Failure to report a death or Failure to Report a Felony.
2007-06-03 04:50:24 · answer #2 · answered by MeinOH 3 · 0⤊ 0⤋
If you flee and hide from the crime , you are still liable for it because you have not proven that it was done on self defense. You must not hide from the consequences of the crime committed but face it squarely and prove to your self that it is self defense. You can still be charged for murder as you described it to be.
jtm
2007-06-02 23:35:09 · answer #3 · answered by Jesus M 7 · 0⤊ 0⤋
If it is self defense, it CANNOT be murder. Fleeing the scene is wrong, but report it to the police, before things get worse for you.
2007-06-02 23:48:12 · answer #4 · answered by WC 7 · 0⤊ 0⤋
If you flee the scene you loose most of your case for self defence and therefore the charge would almost certainly be first degree murder!
Leaving the scene and particularly any washing and changing of clothes would indicate guilt and weaken any case for self defence.
Of course a lot depends on the type of injuries and to whom so it could be reduced to 2nd degree.
With a lot of evidence of self defence it could be manslaughter.
But without really substantial evidence that it was entirely self defence then leaving the scene and any subsequent cleaning etc it is highly unlikely that self defence would stand!!
2007-06-02 21:30:49 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Having been the victim of robbery, I completley understand the desire to a) get revenge b) scare future would be theifs That being said, the second shooting (the 5 shots to the stomach) was not needed. Tie the guy up? sure! Give him a couple quick kicks to the face? Of course! Shoot him 5 times, when he's already down? No. - 17R3W
2016-05-19 23:43:40 · answer #6 · answered by ? 3 · 0⤊ 0⤋
If it was self defense, then why flee in the first place. If you are taking this class, you should already know the answer to this, because it is in your books. Read it.
2007-06-02 21:27:15 · answer #7 · answered by Anonymous · 2⤊ 2⤋
Depends on the law in your state. Where I live, as long as it happens inside your home, then nothing will happen to you. Several years ago, this happened to a neighbor of mine, who awoke to someone stealing his motorcycle. He shot one of them, putting him in the hospital for awhile. The other two got away, only to be arrested later. The only thing that happened to him was that the Sheriff's dept. took away his shotgun, because he had removed the plug, allowing it to hold 5 shells, plus one in the chamber (legally, they can only hold three).
2007-06-02 21:26:14 · answer #8 · answered by Ben H 5 · 2⤊ 0⤋
This question should be thoroughly covered and much more reliable in your law class than people guessing on Y.A.
One of the main duties of a lawyer is research. Get with it.
2007-06-02 21:31:53 · answer #9 · answered by Anonymous · 3⤊ 1⤋
You would be charged with murder.
Fleeing the scene would be reasonable groundsfor the police to not believe your self-defence story.
2007-06-03 00:27:21 · answer #10 · answered by Anonymous · 0⤊ 3⤋