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Is this a murder charge?
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Is this a murder charge?

If you were attacked in a dark alley, and you wrestled the gun away from your attacker, would you be charged with murder if you mindlessly shot and killed the guy even though he's unarmed and on the ground?


    




Earth: The Connected Home
Rating
If you're in Texas, you have nothing to worry about. There's a new defense for murder now.

"He needed killin'."


michial1212
You are innocent until proven guilty


Jim J
Probably in California. With the liberal law makers we have, the criminal would be blamed on society and his relatives would sue you for everything you have.


raichasays
Maybe. Depends on whether the police and prosecutors believe it was self defense or a lesser charge of manslaughter.


patrick
Rating
Of course it is!


Empress Jan
self defense


mercha
Rating
not if it was self defense when he was shot. i would still get a lawyer though.


Master U
Rating
Simply this 'Dead men tell no tales' just make sure he is dead .. and depending on which state you are in will depend if they have the 'Castle Doctrine' or the Law of Retreat. the first you will get a medal for removing scum of the streets, but remember this - you only shot him to STOP him not kill him, even though it did take 6 or more bullets, and you were fearful for your life - you 'thought' he had another weapon and was so frightened that everything was happening so quickly you had little time to think, and you are "SO sorry you shot him and emptied the 15 round mag into him"


bisquedog
Rating
Probably but you could beat the rap with a good attorney due to the fact that you were attacked & acted in self defense


Just my opinion
That is a tough one. I think you could very well be charged with a crime. I don't think you can call it self-defense since you had the presence of mind to wrestle the gun aways from him. The fact that you wrestled the gun shows you may you got the upper hand. He was unarmed perhaps you could have told him not to move and if he came towards you then shot him. The most it would be IMO is manslaughter but that is still serious. In some cases like this the DA will go easy on you and maybe let you plead to a lesser offense like assault or battery. Then again maybe they will call it self defense since you were attacked in a dark alley.


rogueriverbob
Rating
he was on the ground, you had the weapon, it sounds like he was not a threat to you, if he was not A threat, and you killed him, you just committed murder,.....


Tom K
If he was unarmed, on the ground and surrendering, yes, it is murder. If he was still making threats and trying to get up, no.


Jesus
you are innocent until proven guilty so if the plaintiff can prove that you were in no danger you might be in trouble. If someone attacks you and you knock them out and continue to kick them while they are down you can get charged with assualt.


BEAST
Rating
you need to get a good lawyer


Asker Anonymous
He would have gotten up and grabbed the gun again if you didn't shoot and kill the guy.

Thats what I hate about the Law. Someone is a good hard-working man, wife and 3 kids, gets attacked while taking a shortcut home, bam he shoots the guy bedcause he thinks thats the right thing to do because he was defending himself. Who goes to jail? Oh no, the man who robbed and raped 3 children is dead so he cant go. Take the alive guy. That's sooo ******* stupid. He didn't mean any harm. He was defending himself.





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