Is this self-defense?

crabby_blindguy

No. The use of lethaal force is not legalwhen it's not required to protect life or to prevent serious injury. As you describe, that threat was no longer operative.

jim m

or justified homicide

Robert

This is a fantastic question, that I unfortunately do not know the answer to.

You have an established right to protect your self and your stuff. You have an established right to defend yourself with force against another, with the caveat that you must defend with a similar level of force (i.e., if somebody throws a pencil eraser at you you can't shoot them). The threat of being shot in your given situation WAS very real, and you are certainly defending your property...but I don't know if you would be allowed to shoot someone in self defense if they have turned their back on you and are leaving you.

If you were in your house, I'm almost sure it would be ok, because they would still be in your house with you (The Castle concept), but say they had left the front door and were outside and leaving then you probably could not. In your situation, the robbery is taking place outside...I truly don't know the answer. Unless there is a case like this already out there, this sounds like the kind of thing that could make it to the SCOTUS.

MH/Citizens Protecting Rights!

Probably not because he had his back turned to you, clearly walking away. There are laws against excessive use of force and ensuring that the perp has placed you in fear of your life. Running away doesn't constitute the threat. If, however ,he had turned around or began to turn around toward you and you shot him, that would be self defense because he was armed and threatening. Sorry, but even if the thief was in your house, you would have to justify the shooting in the back and it most likely wouldn't be justifiable.

Isn't it awful that people are not allowed to protect themselves and their belongings anymore? A policeman told a friend of mine who had been harassed by phone for weeks and then threatened directly when the person broke into the house that if the person had not been armed, my friend could not have shot the perp. My friend weighed 100 lbs. The perp was about 6'2" and weighed about 280 lbs. according to the victim. Still the victim would have had to assess the threat and would not have been able to use deadly force if the perp had no weapon. Is that wrong or what?

Team Chief

You'd have a very hard time making that defense fly with the bullet hole being in the mugger's back.

Draw your gun, shout at him to get him to turn around, and THEN shoot him.

Brad B

Sadly I would have to say probably not. If they were still on your property then you would have legal right to do so.
If I were on the jury I would never convict you of anything and would buy you a beer after court.

No. Once he turned and left the threat of death to you was over. You have to reasonably believe that your life was in danger at the moment that you acted.

mediik2

At that point he is considered a threat to the public and should be shot but with any situation that puts someone Else's life at risk you need to be prepared to go to jail

txpolice_85

Yes, there was an incident in north texas, not sure on exactly where, a few years ago that happened during a bank robbery. The suspect had a semi-automatic assault rifle and had already shot several people in the course of the robbery. An off-duty police officer waited until the suspect walked past him stood up and shot the suspect one time in the back of the head. For self defense to be a valid defense to prosecution you must be able to articulate that at the time you used deadly force there was a reasonable threat to your well-being, and you feared for your life.

brother_grymn_va

No self-defense here, as the robber is no longer a threat to you (apparently if he's leaving). More than likely, this would reach the courts as manslaughter.

*****

That is a very difficult one. If the mugger turned around, and is NO LONGER a threat to you, then deadly force is no longer justified.

NAZGUL

I posses a CCW from the state of TN and No you can not shoot someone in the back. The hand book tells you to use force only as a last resort and only shoot to protect others and self, then only shoot to prevent further action not to shoot to kill unless 100% necessary. If the criminal has turn around a started to leave you are not in danger so you should not draw your pistol, but call the police and let them handle it.

Scott

Oh you know really it would seem so but in today's world things get turned around to where even though you were the victim doing this to the wrong person the wrong place and time and such you could become the criminal. Really in that case unless there was something irreplaceable I think I'd let that one go. Yes that person deserves it and I'd have no problem saying you deserved you due still the wrong lawyer judge and jury could send you to jail.

Gemma

I think it would. You don't know if he's running away or getting a little more distance so, when he shoots you, he doesn't get blood all over him.

aebrighteyes

you are defending your property right?

Cyrus M

self-defence means that you acted in the heat of the moment to defend yourself. Once your guy has turned his back it would no longer merit defence because he is leaving you alone and no longer poses a threat to you. In the case you gave it would not qualify as self-defence,it is more revenge. However if the assailant had physically harmed you to such an extent that you could be said to be acting involuntarily or that you believed that you were still in danger then it may qualify as self-defence. However you must also weigh your reaction with the nature of the threat and it must be in parity. That is normally the approach a court would have.

p v

I don't think so, friend. You have to be in danger of physcial harm. Sounds to me like the fellow was done with the robbery & had no further intention to even threaten harm.

moonstar925

Yes it is self defense. Here in Texas, Gov. Rick Perry just passed a more lax homeowner's rights law. Now, you can suit a robber that is running away as long as they are still on your property.

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