I've been threatened by my psycho drug user ex-stripper neighbor yesterday and called the cops on her. It took them 30 minutes to get here. She almost broke into my house and I was ready to grab a knife to defend myself (since she's insane and bigger than me). I had never been thru this kind of crazy situation before. I live in the best neighborhood and have the worst neighbor ever! What if I had killed her in self-defense, would I have gone to jail?
2007-06-15 14:44:28 · 30 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I would think if she were on your propery you would not. I would love to be on that jury because I would set you free!!! Of all places we should feel safe, it is our homes. If you come into my house uninvited, you will definatley die.
2007-06-15 14:48:52 · answer #1 · answered by Anonymous · 3⤊ 1⤋
Yes, in order to show that iT WAS self defense you would have to prove that your life was in danger when you killed that person how? by showing she has a knife in her hand or had a gun in her hand thats the only way, a judge and a jury would believe that. If you used your knife just because she yelled at you. You would go to jail just be smart, if you do something be sure you can prove your life was in real danger in that moment.
2007-06-17 02:29:06 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In real life, there are two scenarios. First is you will get into the custody and be charged with murder, so u will have to defend yourself in criminal court. Second case is crime will be investigated thoroughly and if there is enough evidence found to prove it was self defense, u will not be charged with any crime. But the stakes are there won't be any solid proofs of self-defense other than let's say the crime took place at your place. so the chances are you will be taken into custody until further careful investigation is completed.
Just be sure to know that the truth don't matter in criminal law system. What matters is what you CAN prove. There is a huge gap between theory and practice. If the law enforcement WANT or wishes to take you to jail, they will take you to jail and charge you regardless of what Penal Code says. Just remember that!
2007-06-15 22:00:11 · answer #3 · answered by Anonymous · 0⤊ 2⤋
Get down to your local police station and make a report. If she is threatening you she is liable to be arrested under the public order act or even the harrassment act (there needs to have been more than one incident for it to come under harrassment). The public order offence never used to be arrestable as the police would have to be present to witness the threats, they would have had to summonsed her to go to court. However under new SOCPA laws they could now arrest her. You need to report every incident so that a course of conduct can be established. Good luck.
2007-06-19 11:10:39 · answer #4 · answered by highgrade_no1 1 · 0⤊ 0⤋
Several factors would come into play here. A self-defense claim has to pass the test of reason. If she breaks into your house and points a gun at you or comes after you with a knife you would be justified in killing her. If she runs at you with no weapon and threatens to whoop your a** you wouldn't be justified in killing her since you are a male and should be able to overpower her (that's not sexist, it's just the reality of what a jury would say.) Your life has to be in certain jeopardy to justify a self-defense killing.
2007-06-15 21:57:18 · answer #5 · answered by xxted_strykerxx 3 · 0⤊ 1⤋
No, but I would call your local police department because you never said what state you are in. Some states have a law that states that if you do not try to escape your home in every way they can charge you if you shoot a intruder. I would call them and ask if your state has a CASTLE or DOMAIN law to where you won't get charged for a shoot and kill. Also make sure she is armed if not you will get charged for a bad shoot.
2007-06-15 22:59:47 · answer #6 · answered by Steven C 7 · 1⤊ 0⤋
Depends on where you live.Here in Colorado we have the "Make My Day Law" if you kill an intruder in your home and after the investigation you are cleared, you are not charged with anything.Of course you or your family,have to be threatened with bodily harm. You just can't kill a neighbor thats strolls in....A restraining order is pretty much worthless because most people killed by their exes had restraining orders in effect,but it does indicate your fear of that person...
2007-06-15 21:51:50 · answer #7 · answered by K H 4 · 0⤊ 2⤋
No. Self-defense is the only law that protects you from killing someone. Just be careful and dont use excesive force. Like if she only like punches you once and is leaving dont like comeback and attack her. Self-defense is when you are protecting yourself at the time of the attacking. Let the police know what is going on though.
2007-06-15 22:27:40 · answer #8 · answered by thorazinethunderjr 2 · 1⤊ 1⤋
yep, pass go and go directly to jail......Go down and file a report about Psycho chick.....And, remember, cop callers are not very well liked. What did you do to piss her off so bad she threatened you?
And, if youre going to grab a knife and dont know the first thing about using one, i dont think you'd be the one going to jail for murder......
Think before you act or react, it may be the one thing that saves your butt....
2007-06-16 00:35:04 · answer #9 · answered by sheliteful 3 · 1⤊ 1⤋
As you've already raised the subject it could be regarded as pre-meditated murder, not self-defence. I would imagine the outcome would depend on the situation and how you were represented in court.
2007-06-16 11:27:15 · answer #10 · answered by ♥ Divine ♥ 6 · 0⤊ 0⤋
Yes but only a few yrs if any, and kind ones by the Authorities. Would be man-slaughter more than anything else.
2007-06-16 10:18:09 · answer #11 · answered by A . Z . 3 · 1⤊ 0⤋