Is it possible to claim to have shot a police officer in self-defense?

mybuddyeric

It's one of those situations where it's "your word versus the officer's". And guess who always wins that fight? It's best not to mess with an officer at all because they usually have so much pull around the courtroom (i.e. judge).
If you must shoot someone in self-defense, try to aim below the waist so it's not considered attempted homicide in court.

Remember, self-defense is described in legal terms as "comparable or proportionate use of force to the degree of violence". Therefore, if someone is getting ready to punch you, you can't just blast them with a hand cannon. Apples to apples. You can read more about the legal definition of "self-defense" in Wikipedia.
If you're thinking/planning on doing something, please be careful. Best of luck to you.

Showtunes

If youre crazy

KC V â„¢

Before you decide to resist arrest by an officer performing official duties...I'd strongly suggest you research the laws of your state to see the penalties for such an act.

The act of using a weapon while resisting arrest only escalates the offense with the possibility of more serious consequences!

It ain't a purdy sight!

My opinion...but, it's always easier to fight the laws in court than on the street!

Best wishes.

scruffycat

"I shot the sherriff, but I swear it was in self defense..."
---- Eric Clapton

Sorry. That's what your question reminded me of.

No, dear. If you are under arrest, it's likely because you committed a crime, in which case, you chose to forfeit your right to give your consent. If you are innocent of the crime for which you are being arrested, then your best "self - defense" is to go along and fight for your innocence within the law. As soon as you play idiot and "shoot a police officer, because you are innocent," you make yourself guilty as charged (homicide).

mrearly2

If the officer is acting in an official capacity, you must capitulate, else you can be found guilty of resisting arrest, assualt, attempted murder, etc.

senior citizen

Sure, but you better have pretty good documentation to show that your were in fear of losing your life or being injured by a rogue cop in violation of his duty and authority. There are, unfortunately, a few of them. "Capture and detention without your consent" is a bogus. You'd better get over that one.

In a few jurisdictions, an entire police force has a bad reputation for false arrests, abuses, and courruption, but most cops and police forces are highly professional.

God Bless America

oh you can fight back alright, but an assault on a police officer carries a heavy penalty in some states. if you are innocent of charges than you shouldn't have anything to worry about.

.. .this can't be good

Is the police officer trying to arrest you or kidnap you? Arresting you would be detaining you without your consent and I wouldn't think you would want to shot the cop for that. If, however, you have a rogue cop trying to kidnap you and haul you off to rape and murder you, then, by all means, fight back. But be warned, you'll have the fight of your life in court, because he's going to say he was trying to arrest you.

â™¥bigmammaâ™¥

no one usually gives their consent to be "captured" or detained, and IF you've committed a crime, the the officer is just doing his job. i've always heard that if you fight back while they're trying to detain you, then they have the right to use "force", not really harm you tho? IF you haven't committed a crime & there is a cop out there that just wants to harm you or has some kind of vendetta against you (there are few "bad" cops out there) & you decided to fight back that would be hard to prove in court & you'd probably just end up in more trouble. i would try to find some one to help you with this problem rather than shoot the cop. good luck & stay safe!

charlsyeh

a officer never has to have your consent to detain or arrest you

Hockeyfan

Not if the officer is in the course of his/her sworn duty.

I am pretty sure that most people who are detained or captured (as you put it) by police do not give their consent!!

dwmatty19

Why don't you try fighting back against a police officer and see what happens. <wink>

trueblue3167

No, the law gives a duly sworn peace officer the right to make detentions and arrests, and to use reasonable force to effect those detentions and arrests, as specified in 835 and 835a PC which states in part:

835. An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention.

835a. Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.

A detention does not require your consent, you do not have the right to "fight back" since the officer is acting within the scope and course of his employement, and the law. You are violating law if you refuse to submit to the officer's will.

Turtle

That depends. Are you being put under citizens arrest? If so, the citizen has the right to hold you until the police arrive, or deliver you to the police station immediately. I dont' think anyone on here will side with you justifying shooting a police officer in "self-defense" for detaining you. Let him do his job, if you are inncent, the courts will find that out soon enough.

Corkey

You bet!!

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