if somone is tryign to kill you or rape you and you grab somthing like scissors for instance to protect yourself and you stab them to get them off of you. can you get charged for murder?
2007-06-13 21:09:04 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It depends on the nature of the self-defense too. If you go overboard and, lets say, stab someone 50 times with scissors, the prosecuting attorney is going to have a hard time seeing that as self-defense.
But if your situation is obviously self protection, you shouldn't have any trouble, other than a lot of questions afterwards.
We had a guy here recently who shot a home intruder and killed him, they just about gave the guy a medal.
2007-06-13 21:19:46 · answer #1 · answered by hypno_toad1 7 · 1⤊ 1⤋
You can be charged with murder (1st or 2nd degree) but you would have to use self-defense as your defense. If someone was trying to attck you and you killed that person--that is murder but you argue that it was justifiable because he was the aggressor and you were defending yourself. If the prosecutor had any sense they wouldn't charge you with murder in this situation. You could also be charged with manslaughter.
If you did not kill the attacker you can't be charged with murder because no one died. Someone has to die for a murder charge. You could be charged with attempted murder or aggravated battery in this situation. You would still have the defense. Keep in mind that a charge is just a charge. You are presumed innocent unless the prosecutor proves you guilty beyond every reasonable doubt.
2007-06-13 22:19:29 · answer #2 · answered by esquireinquire 2 · 0⤊ 0⤋
some thing comparable handed off to somebody all of us understand. He shot a guy in self protection, after the guy attempted to interrupt into his domicile. They confronted one yet another exterior, and the intruder attacked the owner. No rates have been filed, yet curiously the intruder's relatives filed a wrongful dying regulation healthful against the owner...The courts iced over all of his debts, so he can not pay his expenses, purchase groceries, or the rest together with his very own money. I extremely have yet to hearken to the rest approximately it regardless of the undeniable fact that. i do no longer understand if it somewhat is been labored out.
2016-10-17 05:28:28 · answer #3 · answered by ? 4 · 0⤊ 0⤋
you already got attacked so you got the right to defend yourself. The only way you get charge with murder is when he tries to attack you u pull the scissors and he starts running you cannot hit him when he is attempting to flee. if u see his back and running dont mess with it thats murder regarless if he attack u succesfully.
2007-06-13 21:48:14 · answer #4 · answered by mz 2 · 1⤊ 0⤋
Depends whether it's obvious to the crime scene investigators that your attack was in self-defense. You could be brought up on charges, but you'd almost certainly not get convicted.
2007-06-13 21:18:43 · answer #5 · answered by TheOrange Evil 7 · 1⤊ 1⤋
depends on the state, and if they were actively attacking you at the time, you attacked them.
for instance:
if someone is shooting at you, and you luckily dodge every bullet, and strike them with a lethal blow after they ran out of bullets, it off to the big house for you!
sad but true!
2007-06-13 21:22:20 · answer #6 · answered by avail_skillz 7 · 1⤊ 0⤋
Yes you will be charged with murder. It will probably be second or third degree self defense.
2007-06-13 21:25:43 · answer #7 · answered by Bruce 2 · 0⤊ 2⤋
Anyone can get charged, but if the facts are as you say, then you are not guilty.
2007-06-13 23:29:35 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Texas NO San Fran. If you try a kill a tree your dead meat
2007-06-13 21:16:07 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Of course you can be charged. If you kill someone, you probably will be charged and your defence will probably need to prove it was self defence.
2007-06-13 21:15:59 · answer #10 · answered by Ben O 6 · 0⤊ 2⤋