Is it really murder if...?

Question

I know self defense is only consider self defense if you exert the same amount of force given to you. So if you were chasing me with a feather duster I couldn't shoot at you.

But say you were shooting at me with blanks--I don't know they're blanks--and shoot back at you thinking my life is in danger. Is it murder or self defense. And what would follow such an act: jail time, death sentence, etc..

Answer 1

Anytime you feel you life is in danger and there is no way to remove yourself for the situation you have a legal right to defend yourself. BY ANY MEANS NECESSARY.

The saying goes:

I rather be judged by 12 than carried by 6.

Id rather be caught with, than without.

Answer 2

That would be considered self-defense.  In fact you would be within your rights to shoot the person as soon as he pointed a firearm towards you.

Sorry to hear that Lu, I've owned guns all my life and never killed anyone.  But I am prepared if an armed criminal decides to make me a target.

Answer 3

There are a lot of circumstances to look at. Were you able to get away before the shooting started? Is your gun licensed? Anyway, the DA will examine this under a microscope to determine if self defense was warranted. Personally, I don't believe in guns. We have a  police force anyway.

Answer 4

This question can only be from an American.  As I live in a country where only criminals have guns and even then they're quite few and far between (even our police are unarmed) I always find it amazing that gun toting is considered such a normal part of life in America. I know the argument is that the bad guy has a gun so I need one to protect myself.  But I just can't help but think that if I had a gun I'd end up shooting someone.  It's going to happen sooner or later.  Maybe I'm strange and maybe that's part of not being American but I'd rather not kill anyone if I can avoid it.  I think what might help me not kill someone is not having a gun.  We could be having this argument about knives I suppose but it's an awful lot more difficult to go on a killing spree with a knife.  You have to get a lot closer for a start and once you've killed that first person I think you might find everyone else in the room will be giving you a wide berth.  I know this is kind of getting away from the question so I suppose it could be viewed as self defence but in this country I'd be asking why you had a gun in the first place.

Answer 5

Self Defense.  You are judged by what a REASONABLE person would do.

Answer 6

self defense by-all means.If anyone feels there life is in danger that person has a right to defend themselves.

Answer 7

its self-defense.

Answer 8

if you are in genuine fear for your life and limb, you have the right to use whatever force necessary to protect yourself. Certain factors can play a role in determining this. For example, if a 300 lb 6'5" behemoth is coming at 5'4" 135 lb you with a club, you would have the right to shoot that person. If the tables were turned and a 5'4" 135 lb person was coming at you with a club and you were 300 lbs. and 6'5", you probably would not have the right to shoot.

Answer 9

think would you kill somebody their were gonna kill you and if it is yes then its self defense

Answer 10

Not in Texas , very recently a dude went outside his home and purposely killed two people ,shot them three time with a shotgun

in the back. Got off scot free But I would expect as much from a state that gives us the likes of G .Bush.

Answer 11

Murder is Murder in all means...............

may be god will forgive you but not the law

Answer 12

I would say that it wouldn't be murder at all but rather.....

....I would have to say that it would be self defense since how would you know the person was using blanks or not, you'd have no way of knowing that.  In your eyes your life is in danger since some one would be pointing a gun at you and shooting at you.  

I'd most likely blow the person away my self if it were me in that position, because if some one is pointing a gun at me and shooting then as far as I'm concerned my life is in danger of ending.

Answer 13

that's a good question.

maybe you should ask the judge...?

maybe.

just a suggestion.

(: