Assume somebody with a fake gun comes up and robs me. I think the gun is real. If I defend myself and end up killing that person, is it self defense or manslaughter? What would happen to me in court. Assume it is PROVEN that I was defending myself.
Lets assume the person with a gun was under 18 and I didn't know it.
2007-08-09 05:38:11 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
As I always say when I answer these questions, please mention your jurisdiction, believe it or not, laws very from state to state.
Texas Answer: The test on the use of deadly force in Texas is whether or not you subjectively believed that you were in life or death danger. Thus if you believed that the gun was real and opened fire on the crook with the fake gun, they you would have committed a justified homicide. This is a defense to prosecution, and you could in fact be tried for murder. You would raise an affirmative defense of self-defense. You would probably win.
The reality is that in these kinds of cases usually the jury will no bill the self defender.
Age of the perp would have no distinction under the facts that you are describing.
2007-08-09 05:49:43 · answer #1 · answered by foxcurl 2 · 1⤊ 0⤋
Self defense in most states. Some have goofy laws restricting the use of lethal force. For example Texas used to have (until just this year) a requirement that you could not shoot someone that was threatening you if you were able to retreat.
If you have reason to believe it's a real gun, that's as good in court as it actually being a gun. Cops have in several instances shot/killed people with fake or unloaded guns. The cops had no way to know the difference and were within their rights to defend themselves. Going after cops with a fake/unloaded gun has become known as "suicide by cop".
2007-08-09 12:50:49 · answer #2 · answered by Michael C 7 · 0⤊ 0⤋
Again, depends on your state laws. State's differ so much in certain categories.
2007-08-09 13:03:08 · answer #3 · answered by docie555@yahoo.com 5 · 0⤊ 0⤋