Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

If I killed in self-defense, would I go to jail?
Find answers to your legal question.





If I killed in self-defense, would I go to jail?

I've been threatened by my psycho drug user ex-stripper neighbor yesterday and called the cops on her. It took them 30 minutes to get here. She almost broke into my house and I was ready to grab a knife to defend myself (since she's insane and bigger than me). I had never been thru this kind of crazy situation before. I live in the best neighborhood and have the worst neighbor ever! What if I had killed her in self-defense, would I have gone to jail?


    




jennifer s
I would think if she were on your propery you would not. I would love to be on that jury because I would set you free!!! Of all places we should feel safe, it is our homes. If you come into my house uninvited, you will definatley die.


Max
Rating
If you do, make sure you drag her inside your house. Otherwise, you will have to prove self-defense which can be hard to do.


A . Z .
Yes but only a few yrs if any, and kind ones by the Authorities. Would be man-slaughter more than anything else.


Steven C
Rating
No, but I would call your local police department because you never said what state you are in. Some states have a law that states that if you do not try to escape your home in every way they can charge you if you shoot a intruder. I would call them and ask if your state has a CASTLE or DOMAIN law to where you won't get charged for a shoot and kill. Also make sure she is armed if not you will get charged for a bad shoot.


♀Sweet ♥
Rating
As you've already raised the subject it could be regarded as pre-meditated murder, not self-defence. I would imagine the outcome would depend on the situation and how you were represented in court.


volleyballchick
Rating
If you felt that you were in eminent danger, then I doubt it very much. One is usually allowed to kill in self defense if they fear for their own life at that very moment.

You did the right thing by reporting it to the police - if something were to happen in the future, then there is proof that you feared her and she had given you reason to fear her.


tacojrlazydays2006
Rating
It depends. One thing I do know if you kill someone in SELF-DEFENSE, you must make sure it happens inside of your home. No questions about it, if someone break into my home, I will do whatever to protect myself in meaning of deadly force.


Alfred
Yes, in order to show that iT WAS self defense you would have to prove that your life was in danger when you killed that person how? by showing she has a knife in her hand or had a gun in her hand thats the only way, a judge and a jury would believe that. If you used your knife just because she yelled at you. You would go to jail just be smart, if you do something be sure you can prove your life was in real danger in that moment.


sheliteful
yep, pass go and go directly to jail......Go down and file a report about Psycho chick.....And, remember, cop callers are not very well liked. What did you do to piss her off so bad she threatened you?
And, if youre going to grab a knife and dont know the first thing about using one, i dont think you'd be the one going to jail for murder......
Think before you act or react, it may be the one thing that saves your butt....


~~~~~
probably, but it won't be for long.I don't know whether you heard of this, but there was woman in Tennessee that murdered her husband because he was abusing her and her children. She claimed that she had no other option, but to kill him due to the fear that he may kill her. I don't remember from the top of my head, but she only has to serve 61 days in jail (or was it 3 years w/o good time)?


David S
you might have been arrested, but i seriously doubt you'd have been convicted. IF(and that's a Big IF) your telling the truth about your neighbor, you'd have been ok because you are allowed to defend yourself. just out of curiosity, what did the cops do when they got there? was your neighbor still banging on the door?


unlacedlady
Rating
yes you would go to jail until the trial then it is look at as to what happen you go free or sent back to jail for long time


sirbobby98121
Rating
get a protection order- it's not good for much except paper trail proof of ongoing problems...know your state laws re: castle keep or home protection- talk with an attorney and the police.


highgrade_no1
Get down to your local police station and make a report. If she is threatening you she is liable to be arrested under the public order act or even the harrassment act (there needs to have been more than one incident for it to come under harrassment). The public order offence never used to be arrestable as the police would have to be present to witness the threats, they would have had to summonsed her to go to court. However under new SOCPA laws they could now arrest her. You need to report every incident so that a course of conduct can be established. Good luck.


mojado and loving it!!
first get a restraining order on her , then if you have to use self defense it is easier to recognize ..otherwise you will likely go to jail until they rule it self defense or not!!! good luck!


thorazinethunderjr
Rating
No. Self-defense is the only law that protects you from killing someone. Just be careful and dont use excesive force. Like if she only like punches you once and is leaving dont like comeback and attack her. Self-defense is when you are protecting yourself at the time of the attacking. Let the police know what is going on though.


ANDY
if killing some one in self defence is deemed to be reasonable force ( you had no choice it was you or them) then no you wont go to jail. but remember in the finish its the law who decide what is reasonable and not you.


miraclebeliever99
at that moment, you will be arrested for killed her and put you in jail. all you have to do is find a lawyer and convince the judge that you don't have another options to protect your life. it's self-defense and she killed by accident.

but now is a different story. if you kill her, it's meant you intend to kill her. and you gonna be in jail.


charlsyeh
Rating
this is not just a question you can ask and get a correct answer.no two crimes are ever alike.without being there and seeing what happened one can only guess at a answer


websterjdjr
Rating
well if it is in self defense , you still have tio get a judge and pay court costs, why not notify the police?


TG79
You may encounter civil suits but if you are actually defending yourself from someone that intends on killing you then you should not have a problem.

If you do not have a reasonable fear of death or serious injury and you use lethal force in response then you would be liable.

try non-lethal forms of self-defense

1. pepper spray
2. stun gun/other electric zappers
3. paint ball gun
4. sloppy food items (old fish,chili,)
5. spray paint/hair spray

http://www.snjselfdefense.com/


Ronq
Rating
In real life, there are two scenarios. First is you will get into the custody and be charged with murder, so u will have to defend yourself in criminal court. Second case is crime will be investigated thoroughly and if there is enough evidence found to prove it was self defense, u will not be charged with any crime. But the stakes are there won't be any solid proofs of self-defense other than let's say the crime took place at your place. so the chances are you will be taken into custody until further careful investigation is completed.


Just be sure to know that the truth don't matter in criminal law system. What matters is what you CAN prove. There is a huge gap between theory and practice. If the law enforcement WANT or wishes to take you to jail, they will take you to jail and charge you regardless of what Penal Code says. Just remember that!


Dion J
Rating
Which scares you more, death or jail?


K H
Rating
Depends on where you live.Here in Colorado we have the "Make My Day Law" if you kill an intruder in your home and after the investigation you are cleared, you are not charged with anything.Of course you or your family,have to be threatened with bodily harm. You just can't kill a neighbor thats strolls in....A restraining order is pretty much worthless because most people killed by their exes had restraining orders in effect,but it does indicate your fear of that person...


SIMON ADEBISI
well...now that you've told us, if you and her get into it again, it'll be premeditated and you will go to jail.


angryman1n
Rating
umm.. news flash.

This is called evidence & premeditation. Jail time is a near certainty at this point. (Capital, 1st degree?)

you should probably just get a restraining order or maybe move.


Synchronicity
Possibly...but just for manslaughter. Get a good lawyer.


Anthony F
Rating
Yes


chivo
if she is agresive with you and going to kill you with a nife and you kill her you proplapy get arested for days or chare but not really





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Do people believe in the re - establishment of capital punishment for murderers , paedphiles and terrorists?
Do you think the do gooders who have too much say in this country are fifth columnists and deserve to be classed the same as the above....


 If you seen a cop chasing someone, would you?
Laugh if he tripped on something in front of you?...


 Is it illegal to drive a car without wearing shoes?
My husband says it is. I've never heard of any such thing....


 Im going to prison, Any advice?
Well, First of All I am 5'6 150 Ibs White boy... and Im going to Prison for at least 5 months max of a year...... not jail.... Prison... so basically im gonna die... but any advice?!
A...


 Why don't the British police like black people?
why don't the British police like black people?
i saw my best friends brother who is black get beaten up and sworne at racially by the police just last month and other people saw and heard ...


 My view is that the police are less than interested in most everyday crime. Do you share this opinion.?
You read everyday how the police will arrest a Grannie for defending herself against a mugger yet get burgled and they could not care less except for sending you a letter on how to get counselling. O...


 Why do police officers break the law they swore to uphold ?
What makes them do it ?...


 Not allowed to drink out of a pint glass?
my boyfriend won't let me drink a pint of lager he says i can have two halves, but not a pint, unless the pubs quiet, cos he says i'll look like a "chav" . should i put up with ...


 I have been charged with assult i am in breach of a six month prison sentence for the same crime does this mea
the court will automatically activate the suspended ...


 Have you ever been in a situation where violence was the only answer?
What did you do? Personally if someone stole my car, TV or PS3 I would introduce them to steel pole justice which has worked as a good deterrent for years. What would you use?...


 A 16 yr old girl got a ticket for speeding 30 MPH over the limit. Her friends are swearing it's a felony.
I told her I think that if she committed a felony they'd arrest her on the spot. Her court date is March 22 and she's a nervous wreck. I think she may lose her license since she also had ...


 If I set up an anti-paedophile vigilante group in the UK......?
.....and was arrested for assaulting one of them,would the Police let me off?Do you think the Police and public would support me?...


 If I'm just walking down a street, can a Police Office grab me and search me for no reason?
Just walking down a street minding my own buisness, not doing anything illegal and got grabbed by a cop who forcefully pressed me against the wall and searched me and then let me go....


 If i fail a urine drug test for a job i'm applying for because of marijuana, can it get me in trouble?
i am scared to go take the drug test because i don't wanna get into police trouble. will they jus tell me "sorry you failed" or will they be like "we have to report you to the ...


 Why does USA legalize guns?
i mean USA is the only country in the world that legalize guns. i think that is very ...


 I GOT TICKET FOR NOT WEARING A SEATBELT-why do they care IF WE wear it or not-its not there LIFE!!!!!!!!?
Well i'am 19 years old. I just started driving last year in the year 2007. About 3 weeks ago , i got my first ticket for overspeeding . The speed limit was 60 mph but i was going 73. that i ...


 If you think rape is wrong in all cases what you think if it happened to Hitler? i think he'd deserve it!?

Additional Details
lol to the weirdos dont you know that HAPPENED is the past tense? ...


 Two armed robbers killed by police?
They were trying to rob a security van in Hampshire. I don't know how anyone else feels about this but it has saved the tax payers thousands in a court case, and at least they won't do it ...


 Should i tell/go to the police?
Well I know some one who set my school on fire, so should i tell. And well I can prove how it was him it in more 5 ways.

1) He sent me messages before hand and after about what he was ...


 Please Help Someone! My neighbor has called the police on me 7 times in 3 months for "loud noise".?
Each time the police have arrived, they have not heard noise. She even called them on me while I was asleep! I have invited her into my home one incident and showed her that all I was doing was ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.084