Does a loaded weapon prove intent?

Question

I was on jury duty recently.

When it came down to discussing intent, I thought a loaded pistol proved intent to use it. After all, why else would the robber use a loaded gun if they did not plan to fire it? The robber could have used an unloaded weapon. The argument put forward was that the robber used the weapon accidentally when the person being robbed fought back. The argument is that the robber had the right to defend himself against the victim (that was killed).

Is it fair to think there was an intent here?

Answer 1

The robber did not have the right to defend himself when the victim fought back.

Anytime someone uses a gun in a crime, if someone gets killed while perpetrating the crime, even the robber's accomplice, who was shot by a "victim", then the robber is charged for murder (felony murder).

Answer 2

I think you have murder there but not pre-meditation. Had he come in shooting you have intent. If he were simply trying to rob and leave without shooting, and shot only after being attacked then there is no per-meditation. However it is still murder 2nd or 3rd degree I believe, or possibly manslaughter, because a death resulted while he was committing a crime. Had he not been attacked it is likely no death would have occured. Many people load there guns and never shoot them because of the length of tıme needed to load. A safety properly used prevents accidental discharge. The gun in my house stays loaded though I hope to never have to use it.

Answer 3

wow, to me a loaded weapon in a robbery is intent. and if it's not intent then it is the back up plan if your victim is uncooperative. basically I'm saying the robber was there to get what he wanted the loaded weapon was his insurance policy.

Answer 4

It may prove that the robber intended to use the weapon for "something" (maybe a carjacking later that night), but may not demonstrate that he intended to use it for that particular crime.

Answer 5

When a person commits armed robbery, he is responsible for whatever happens. I think that is a legal issue, not a matter of intent.
Once the crime is committed, the perp can say anything to try to mitigate the crime.

Answer 6

I agree, I think it shows intent.

"used the weapon accidentally"..LOL. Geez, I hope the jury sent back a verdict of GUILTY.