2007-08-15 17:53:40 · 7 answers · asked by playa 1 in Politics & Government ➔ Law & Ethics
No its selfdefence...
2007-08-15 18:00:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You wonder if shooting and killing someone who is trying to rob you would warrant a claim of "self-defense" and would prevent the state's conviction for murder.
Self defense would be available to you if you have an attorney capable of asserting it. Sometimes attorneys just work towards cutting a deal and don't want to go to trial. So make sure your defense attorney has "TRIAL" experience. Find out how many cases she has actually tried and if she was first chair.
Your qualified attorney would have to show that the force used in protecting yourself was reasonable given the threat made by the robber. For example if the robber is a 15 year old girl who holds up a table knife and says "give me all your money or I'll stab you with this butter knife" and then you shoot her. Then self defense would probably not apply, because you could have simply walked away. And the girls threat was unlikely to cause the damage implied.
If the robber has the ability to damage your body greatly or kill you then most states would permit you to use "deadly force" to protect yourself.
However, if you were not at a gas station but were instead in your home in Oklahoma, then you could kill the robber without the robber threatening severe or deadly force. Oklahoma has a "Make my Day" law that gives us the ability to shoot people who come onto our property with the threat of trying to rob us, even if they appear to be unarmed.
2007-08-16 01:18:20 · answer #2 · answered by Miss Mary 2 · 0⤊ 0⤋
It comes down to whether you "reasonably believed" that you were at a risk of death or serious physical injury. If the person pulled a weapon on you, it is unlikely that any prosecutor would bring charges against you, and even less likely that any jury would convict you.
It really only gets dicey when the person does not have a weapon on them. In that case it comes down to whether you had a reasonable basis to believe that they did.
2007-08-16 01:39:25 · answer #3 · answered by Top 99% 3 · 0⤊ 0⤋
Assuming he hasn't pulled a gun on you it is. You're only legally allowed to respond with equal force.
2007-08-16 01:01:20 · answer #4 · answered by DOOM 7 · 0⤊ 0⤋
As long as the guy doing the shooting isnt white, then he will probably be ok.
2007-08-16 01:10:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Nope that is self defense...but i recommend that you do what they say...your life is worth more than a little money...but i would prolly shoot them anyways : )
2007-08-16 01:00:56 · answer #6 · answered by Anonymous · 0⤊ 0⤋
What are you doing with a loaded gun- have fun getting buttfucked in jail - looser.
2007-08-16 01:12:32 · answer #7 · answered by cacianss 2 · 0⤊ 2⤋