how much trouble would someone get into if they killed a man in self defense ?

Question

what if some guy wont get off another mans property , and out of fear of his life he shoots the man dead . how much trouble would he get into ? what if this man who killed him , is a minor? And the man who got shot , is an immigrant ? does that make a difference ? im just wondering . about all of this so dont freak out people .

Answer 1

depends on if the jury actually saw it as sefl defence and if there were any witnesses.

Answer 2

It depends allot on which state you are in. Now if you are a minor then that also changes things a bit. The idea that he is an immigrant will bring down the a few organizations trying to ensure there is justice for that particular group. If he just won’t leave the property, then you need to call the cops. Shooting him for being there would probably get you indicted. Now if he were threatening you then you could probably get off on a defense argument. The idea of him just not leaving the property even in the states in which you have the right to defend your property probably would not hold up in court. The real issue is that you will need to show why you were fearing for you life. You do have the right under the law to defend yourself in most cases. Now there are laws outside our legal system that could come into play. Kill or be killed circumstances are not a time to wonder what will happen in the court. I would recommend you defend yourself in that case and not worry about the consequences. At that point you may not live to see court anyhow.

Answer 3

First, there is an issue of a minor owning a lethal weapon. Check with your State law about legal gun ownership.
Secondly, shooting someone just because he won't get off your property is not considered 'self defense'. You would have to convince judge and jury that you TRULY were in fear of your life, for example if that man threatened to kill you AND had the weapon or strength to do it with.
Whether that man is an immigrant or not makes no difference.
If someone won't get off your property, call the police and have him arrested for trespassing. Self defense ONLY applies if there is an IMMEDIATE danger to your life.

Answer 4

First of all if a person is on your property Then call the police.Just for standing there, an not holding a weapon Isn't life threaten I'm thinking why would you or anyone want to sit in a cell that stinks an you'll have no old ladie the same food year after year shower once a week With Bubba family for get it So get that foolish thing out of your head OK. The gangs you'll have to be in Don't wounder things like that Instead wounder what you'll buy your mother for her birthday Or that car you want to get. you know it takes a big man to go to jail, But takes a bigger man to stay out.

Answer 5

Depends on where in the world you are and what you mean by "get in trouble." The first issue arises because the law of self-defense varies by state and country. The second arises because there is no law that requires cops to believe you. If you kill someone, the initial investigation may convince the cops that it is murder or manslaughter. So, you get arrested and charged. Once you stand trial, the jury will be instructed on the law of self-defense and if the evidence convinces the jury that you acted lawfully then you should be acquitted. Being arrested, charged, and standing trial might fall within what many people consider to be getting "in trouble," even if they are ultimately found not guilty.

Answer 6

It was in the news recently about this question. You can use reasonable force and the government are trying to change the law so there is more protection for the victim and not the person breaking into/trespassing on ur property. You hear about people going in jail for defending themself/their property and the burgular walking away scot free!

Personally I wouldnt think twice about using a weapon if someone was in my house - I have a small child and would do everything to make sure that person didnt get off the ground to retaliate!

Answer 7

It depends on if it can be proven that the shooter was in imminent danger. Just being on a person's property and refusing to leave does not necessarily justify self defense. True cases of self defense typically get no jail time. There are many variables so it's really hard to determine the outcome.

My aunt and uncle rented their basement to a man who drank really bad. He entered their level of the house, angry over a phone message. When he was told to leave he began beating my uncle with his fists and metal pipe from a vaccuum cleaner. My uncle stabbed him once with a kitchen knife, right in the heart and the man died. I can't remember the charge, but my uncle ended up serving 2-3 years. He had no criminal record and feared for his life and the life of my aunt who was asleep upstairs with her hearing aid removed.

Answer 8

In a Liberal state like Maryland A LOT. In one recent case, a guy in P.G. County shot and killed a convicted child molestor in his son's 2nd floor bed room (the guy came in via a ladder). Well guess what, the State's Attorney prosecuted him (not sure of the outcome).

In states like Texas and Florida, very little trouble, but to be safe, in those states I would first try to get away although in both those states, you are permitted to stand your ground.

If the person is outside and you can go in, especially if they are not armed with a firearm, it would not be self-defense, because you are able to get away. Being scared is different than an actual immediate threat.

Most states are in the middle and judge it on a case by case basis. I don't think the status of the person matters, I think it's the circumstance that matters (in reasonable states, but apparently not in a place like Maryland).

But personally, I think that anyone who would be crazy enough to come into my house when I'm in there (especially if they have cased the place, seen me, and know what I look like) has got something very wrong with them and is confident that they can take me down, so I would have to take action before they did. I would take my chances with the law.

Answer 9

It can't be selff defense if the man was shot from inside a bldg unless the man outside was armed. Does not sound good. Hafta have pretty clear proof of self defense.

Answer 10

In Texas, in recent months, people have broken into people's homes during the night, been shot dead, and the home owner did not get in trouble. He was in fear for his life and his family's at the time he woke up to see figures in his living room. Premeditated murder doesn't count, though.

Answer 11

it depends on too many variable to guess. Did either man have an arrest history or history of violence? Were there threats prior to the incident? Was there a history of trouble between the 2 people? How did the shooter feel threatened? etc. etc.