Accident during self-defense a valid argument?
Find answers to your legal question.
Accident during self-defense a valid argument?
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You need to prove that it was self-defense when you killed your opponent. To achieve that is it common to argue that you didn't mean to kill him?
During self-defense you don't know for sure what your actions will cause. For example, you can make a harmless move, but this move kills the opponent. It was not your intention to kill him and you wouldn't have expected that such a move would kill him. Can this be regarded as "accident"?
If yes, then the argument that the killing during your self-defense was an accident is the "killer argument" to win the criminal trial?
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delive_rance
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Yes obviously since you are the defendant all the burdens falls under your shoulder to prove it is self defense measure and didn't mean harm or injury to your opponent.
Yes true. During self defense you absolutely do not know what course of action will cause the other guy or person. Harmless move? Like what somersault in front of his face and then you thrown your opponent outside of the window yet you live in the 26th floor of a condominium. Funny isn't it? Of course the guy is now dead in the ground floor of the condo, with his brain splatter all over the pavement. Of course you didn't intend to kill him but your course of action did. I guess it is an accident, but accident or not you are still liable of something in your course of action. WHAT DO YOU THINK THE POLICE WILL JUST LET YOU GO? You were involved with someone's death. Do you think the relatives or family of the victim will just let this thing go away and never press charges against you because you said it is just an accident? No sirree..... you are going to be accused of a crime. Somebody died remember?
Your course of action is now under scrutiny by the family of the victim through their lawyer as the plaintiff. If the guy is married the charges is brought by his wife. Whether it is self defense or not is not any more the issue but the death of the other person. You mean to tell me somebody died and yet you are not responsible to it? You and the other person is the last person talking during those times correct? Inside the court, if they have to make a movie out of it they will just to let out what really transpired during those last hour of the other person's death. Was it really self defense or just an accident? If it is an accident then I guess you are FREE of the charges but if not you are going straight to prison. |
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All hat
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I don't know but it's an interesting question - sure seems to me that there is precedent both ways - if you plan a stickup and someone dies, you're charged for it, even if the guy slipped on the floor and would have died just then anyway. But if you do a reasonable thing like touch someone on the shoulder and they scream and die of a heart attack, did you cause that?
A self defense punch in the nose say, is one thing, if force, but not deadly force, was legal. But if the guy gets a concussion and dies?
Good questions - |
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Mr. T
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yes it would be considered an accident if the person u killed struck u or threatened to strike u, therefore the killing would be in self defense and it could hold up in court if u can prove that u were struck first. |
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