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03/15/2010 (10:53 am)

Is this self-defense?

Filed under: nappedeptrole.com edit
  • Say some dude attacking you not using any weapons. He's basically just beating yo ***, and you can't really get away from him, and you got a gun, then shot him and he's dead. Is that self-defense?


  • yeh i think it is if u didnt start anything or provoking him to do it


  • Yes. If the attacker was actually causing great bodily harm to the victim, it would be considered self defense.


  • well, if it happened in your home and your state has some form of castle doctrine then yes...

    but if he has not touched you and is just yelling and waving his arms...no

    why on earth would you kill this man anyway?...that makes no sense he's empty handed, odds are if he's not hit you in the first few words he wont.

    Once he has, in many states it's tuff to prove your life was in danger. It's best to avoid this all together, or go spend a few years in a martial arts class...that way nobody gets hurt too badly before you are able to escape


  • Ethically--I'd say perhaps
    Legally--Probably not.


  • well if your at home remeber to fire once in the single afterwards...tell them that was the warning shot....but really, if he is attacking you and you cant get away where did u get the gun? If you have it on you, why did you wait to pull it out. Most of the time the sight of a gun to an unarmed attacker is enough of a reason to not be an attacker anymore.


  • In many (if not most) areas, for it to be justifiable self-defense, you can only respond with the same level of force used, unless you fear imminent death. If the attacker had a knife or another weapon, making you fear imminent death or potentially deadly harm, then yes, you could reasonably shoot. So no, in the scenario you've provided, if you're simply being beaten, by one person, with his fists and no weapons, deadly force is not justified.


  • Involuntary manslaughter, sometimes called criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales or culpable homicide in Scotland, occurs where there's no intention to kill or cause serious injury.
    Imperfect self-defense. This is a third type of defense against manslaughter, which is allowed only in some US states. By default, self-defense is a complete defense to any charge of murder. However, if a person acted in the honest but unreasonable belief that self-defense justified the killing, many US states will define this as deliberate homicide committed without criminal malice: a manslaughter. The word "malice" is used in the definition of murder where the act is both an intentional killing, and without legal excuse or mitigation. The honest belief in the need for self-defense mitigates the crime so that one acts intentionally, but without the legal "malice." Therefore, Imperfect Self-Defense refers to an intentional killing which is unlawful, but doesn't rise to the level of being a murder.
    So it must be proven the person was beating you up with the intention of killing you, whether you can get away or not isn't relevant. You would have to prove the person was going to beat you to death.


  • Insufficient data to make any conclusion.

    More details of the situation, struggle, shooter, shot, and motive required.







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