A question about self defence and the law?

Question

In a situation like Im walkin home at night, and some thugs (Gangsters w/e) attack me, If they were a threat and if i killed 1 (or all which would rly be like impossible if theres like 5 guys) can i be arrested for murder? It was self def. and im wondering what could happen. Lets say there werent witnesses either , though. What exactly goes on after?
Im wondeirng cus a friend of mine got attacked a while ago, he dindt kill anyone, but i was thinkin, if i got in a fight like that i would def. my slef wiht my pocket nife or something, and im 16 so i think i would be in trouble for having nife, but what about the defence part, can i be arrested and trialed for man slaughter or w/e? I just started to tihnk about it cus rly, it sucks if they want to jack ur ipod or sometihng and u say no and they fight u, but like ur scared and u killed one or something. You know? This isnt a safe world, not after what he told me. Now im scared to be on my own at night, damit! I need answers! plz help ty

Answer 1

If you managed to kill one of them with the knife in your pocket the chances are your butt would be kicked before you could get it out, I don't know what state you live in but most states allow a pocket knife. Lets say that you did kill one of them and you claim self defense, you tell your side of the story and police forensics will tell the truth. If your story matches up with what they find (and they are very good at finding out) the case would be called justifiable homicide.

With technology of today you don't really need any witnesses watch Forensic Files on Court TV, it is amazing what stories little bits of information can tell.

Answer 2

First of all, if there are no witnesses there is only your word that it was self defense. Usually, if there is more than one attacker, self defense can be shown -- but it can be difficult to prove in any case without witnesses.

Second, even if it is ruled to be manslaughter, it can also be shown that there are mitigating circumstances -- such as you felt there was an imminent threat to your life. If they have knives or guns, and they threaten you with them, that would be a mitigating circumstance; if there are no weapons involved on their part, you might be in trouble.

And yes, you can be arrested, even when you act in self defense. The police arrest people for their actions, but it is for the courts to decide whether those actions are warranted or not. If you can get away from the "thugs" without killing them, do so -- even if it means handing over your iPod.

Third, it is not illegal to carry a pocketknife. It is illegal to threaten someone with it, though, and walking around with an open pocketknife is never a good idea. Someone might get the idea that you are looking to hurt somebody....if you are not using the knife for a legitimate purpose, keep it in the pocket.

If you really are concerned about being out at night, then don't be out at night. If you don't want your iPod "jacked", don't use it in areas you know to be unsafe. The best way to keep people from stealing your things is to not advertise those things -- if they are not seen, then nobody will know that you have them unless you tell them that you have those things.

And if you do not want to be on your own at night -- be part of a group, for the combined safety of everyone in the group. There are no easy answers to this, and the sad fact is that there is no way to avoid all of the violence -- but there are things you can do to reduce the chances of being a victim of that violence. You have to THINK about things, first.

Answer 3

I'm canuck and just back from situation that you fear.Well, almost same thing.Basically, drunk or high guy threw a glass bottle at me and tried to get physical.I was having a lovely walk in the night, before that.I've ended up calling police and they've brought me home.
So i've been curious about exact same thing (self protection).Rather a shame that i came to conclusion of very few available options.Thankfully, my two feet have served me well this time.Glad that running away is main option in self defense.
Well, suggestions above are mighty fine...from outsiders point of view.You did not live it-you don't know, sorry.People go outside according to packed schedule, friends or a crowd of people is not an option that is widely available anytime.Besides, why should you moderate your life according to what every mentally challenged will do?They want you to hide Ipods, wear faceless clothing, loose yourself in a crowd, even better, why don't you just sit at home most of the time?-Exactly, world is working towards an individuals made scared of socializing.Only thing that you can do here is not giving in!
Be who you are and kick out fear because fear is a huge no-no, buddy.Wishing you a great time walking!

Answer 4

In a perfect world, your word should be equal to the word of others; however, you cannot expect such consideration. If such an event were to occur I would suggest that you explain that your knife was used in self defense, as a last resort. Police agencies generally look down upon any use of a knife in an offensive capacity, and you should therefore make it known that your use of the "tool" was in self defense only. If you are engaged in a defensive engagement where you utilize your knife, make sure to report it to the authorities immediately before your attackers have a chance to report you as the offender; regardless of whether or not you injure someone with the knife. If the police agency confiscates your knife, you have a right to request a receipt for the confiscation of your property. Most importantly, if you engage offenders in a defensive capacity, make sure that you have a damn good reason why you didn't try to run away before defending yourself as most states require that you attempt to flee before attempting to defend yourself (an excellent example of the downfall of American society induced by liberal politicians).

Answer 5

No, if it is obviously self-defense and you have no prior convictions or any other type of behavior in which you're likely to stab or beat somebody to death, I wouldn't see a court siding against you. You would be just fine.

As for a pocket knife, the laws in many states that people aren't allowed to carry weapons, even for personal protection. The ruling on certain pocket knives is ambiguous, meaning it could be seen as either a weapon or a tool depending on the intention of the person carrying it. If caught, many states specifically say that any kind of concealed knife is illegal and you could be charged. Certain types of auto-opening style knives are banned in most states. Not all states allow a person to carry a concealed knife, or even a knife that is visible.

In some places it may not matter if you were defending yourself against an attacker or not. A concealed weapon, like a pocket knife, could lead to fines or jail time.

TIP: Generally, if you are to state that your pocket knife is for utility purposes, you will not get in trouble and you will not lose your knife. If you say that your knife is for self-defense or fighting, you could get your knife taken away and you could be charged. But again, some places it doesn't matter either way.

The best way to know the law is to read it and understand what it says. It's the best way to protect yourself from breaking the law, or wrongfully being convicted.

Answer 6

With the situation as you described, it sounds like you could use self defense as a reason you did what you did. Understand, self defense is only legal as long as you are in the weaker position. IF things got to where you had the upper hand, it ceases to be self defense. A key element would be fear of bodily harm.
BUT you may still be arrested. Your defense may not be enough to keep you from being arrested. It could come down to what a jury believes.

Answer 7

It will depend in ur jurisdiction what law applies..like for instance ur country's crim law..But then it wud be possible that our law applies in yours.To avail justification in such act (its called justifying circumstances w/c includes self defense)the ff. must concur, 1. that there mst be unlawful aggresion (it means you were unlawfully aggressed or attacked by the offender that there is an imminent danger to ur life)u must always remember that(kickin in the butt is not an imminent danger to ur life). 2.there is a reasonable necessity of your means to prevent or repel the attack and 3. there should be lack of sufficient provocation on your part defending yourself.(it means u did not start the fight)
See, u must meet this 3 req's to avail self defense. well, its not that easy to justify certain acts u know.And if u cannot justify ur acts,ur 16 and u can be held for juvenile delinquency i guess. my advice, when someone bothered u like u described u better run and report to the police.and then when they bothered u again the same run and blotter them.(don't forget to ask the police advice) .but then when they attacked you and u need to defend urself as if ur gonna die, do what u think is right and lawful...Well better yet befriend them. u know there r really bad guys and good guys in this world but u must understand that bad isnt always that bad u know.there must be gud in them,bcoz we were created with goodness. u must help them find the right path to be a good people.gud luck and be a gud citizen!...Enwei, b4 u can prove this in court, its a long process u knw. Time energy and money will be consummated.so its not that easy to get into such troubles.Stay away,ok.

Answer 8

Concealment of pocket knife in some of your States in the US is considered a felony or a crime by itself. A question of self defense, definitely if you defend yourself against all odds like the one you describe here, one against 3 or more is definitely self defense even if you happen to injury or killed one of them. But there is a catch, you must not possess weapons in your pocket or in you, that is considered deadly or could injured individual. If that happens you could be charge with attempted or frustrated homicide. Even if there are bystanders in the area, they usually are reluctant to stand as witnesses in these cases. Why? Because of fear for their lives.

The law is simple and specific, when you come to court you must possess a clean hands. Meaning by presenting yourself as a defender or proclaiming self defense, you must picture to the court how vulnerable you were in those times when you are viciously attacked by 3 or more guys in a dimly lighted area of the city. Meaning vulnerable is that you got nothing in you that represent concealed bladed weapons, but only with bare hands and a quick feet to run. And with some basic instinct you manage to subdue or killed one of them then you got a clear picture of SELF DEFENSE proceedings.

The court will remind you that you know too well that the place you are passing all the time is unsafe, why the heck you still passed to this place especially at night? You must have a solid reason why you have to passed this side of the road every time you go home. For easier access perhaps? Which is not buyable for some judges, it is either you are attracting violence or just looking for trouble, then your defense for self defense in this case is already defeated.

Answer 9

Many states have what is called the "Castle Doctrine", and many of those have extended it to any place you have the legal right to be. What the Castle Doctrine does is it requires the prosecution to prove you guilty instead of you having to prove yourself innocent. They have to prove it wasn't self defense, that you weren't being threatened. A standard pocket knife is legal in most, if not all, states, though there are restrictions on blade length, opening mechanism, locking blade, etc.

Learn the laws of your state.

Answer 10

Most police wouldn't arrest you if you were attacked by five guys. But most states "self defense" is illegal. And is any weapon used in the act of self defense.
The only thing is don't get caught by the police if you do.
It doesn't matter either way, once you get arrested
for the crime whether the police "say" its justified
or not.
It stays on youre record as a arrest and trial for homicide.
End of story....