Would you go to jail for self-defense?
Imagine walking home in a dark place at night, and someone attacks you with a knife. You turn it on him and accidentally kill him. You are standing on public property. Would you go to jail?
This question was answered before but the answers only described what would happen if the attacker was on your property.
Answer:
If there was any chance you could have run away there is a chance you will go to jail. It all depends on how a jury see's it. it could go either way.
If you accidentally killed him, no it would not be your responsibility. But you would have to demonstrate that it was accidental.
that would depend on how big of an ***hole the prosecutor was -
did it happen near Duke University? LOL
You should not go to jail for it unless you overreacted. Like if you had him down, took his knife and cut his throat. Probably understandable, but not legal
NO jail, given the facts you stated, it is clear and simple = SELF DEFENSE
you can technically. it's a touchy situation especially without witnesses. it could easily become involuntary manslaughter even with witnesses.
it is within your rights to protect yourself but within reason. if you fight someone and wind up with the knife and then continue to use it you can and will be charged with agrivated assault.
You won't go to jail UNLESS in the case of the following exceptions.
1. You are a trained martial artist.
Having that background will imply to the jury that you didn't have to necessarily kill him--due to your experience in unarmed combat. Therefore you will be on the hook.
2. Another exception is if the attacker is very much smaller and diminutive compared to you. The jury would also look askance at that.
3. If the attacker is blind and you kill him, it would also look odd.
4. If the knife at any time falls to the ground and you pick it up again to use it, then you will be in trouble.
5. Yes, as the other gent stated, if you can run away, it will reflect badly on you to stay and kill.
i would if the situation was right, my father went to jail for self defense for hitting a man that had brain tumors. He didn't know and neither did the man, it killed him instantly. He wasn't in jail long. They let him go him, but he still holds it on record for man-slaughter. The man thought his g-frield was cheating on him with my father, this happen at his work. He even got fired over the accusation. But he was still defending himself from the man attacking him over nothing
Depends if he was a minor or a hardcore criminal, male or female. How you killed him and what circumstances bare in the factors. If you shot him, did you have permit to carry a concealed weapon. Why were walking in dark area in the first place. Maybe it was his turf and he thought you were the aggressor. Could you have avoided it. All this will decide if you go initially to jail.
The police most likely will take you in and question you. They may arrest you if there is probable cause it looked like manslaughter or murder. The D.A. will have the final say after reviewing the detectives investigation report and coroners final cause of death report.
Stay out of Dark places at night, only draws trouble.
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