Would this be considered "murder"?

Question

Ok, so let's imagine this hypothetical situation. A dude (Let's call him Jerome) is angry, so he pushes another dude (Let's call him Mike) into an electric fence.

Jerome animously calls the ambulance, and they get there rush him to the hospital and declare Mike legally dead.

Mike however somehow makes his heart start pumping again and is alive. He is now fine other than some burns.

Can Jerome be charged with murder since he technically killed Mike? Or would it be considered assault?

I've had this scenario in my head for hours, and I'm just curious ^_^

Answer 1

Electric fences are not fatal, but they can zap you pretty good.

Under your scenario, you can expect Mike to beat the living sh*t out of you (uh, I mean "Jerome").

Answer 2

definitely  , assault

Answer 3

Attempted murder.  But, it could also be criminal mischief, assault.  Whatever the DA can drum up for charges.  If Jerome has a past record, that could influence it.  If he did drugs or was high at the time, did he take Mike's wallet before he left?

Answer 4

no - more like attempted murder or assault i would guess

Answer 5

assault

Answer 6

It's a very unlikely scenario ... usually doctors will not declare a person dead until they have exhausted every measure available to them to get the heart pumping again.

In order for Mike's heart beat to be affected by an electric fence his heart would have to be extremely weak or defective in the first place.  Not a good candidate for spontaneous resuscitation.

If that were to ever happen, Jerome would be charged with assault or attempted murder, not murder itself.

Answer 7

First off, an electric fence is not going to hurt or burn anyone unless it's plugged into a 220 outlet.. Fences are hooked up to a battery and if it is hooked into the electric there is a breaker-otherwise you would be frying your horses, sheep and cattle.. But lets look at Mike's heart issue... Maybe if he already has a heart condition or pacemaker it could be a problem. Murder is only called murder when there is a dead body there, not when they got him "started again" The worse Jerome would probably get is assault. But there are a lot of holes and what ifs in your story

Answer 8

Assault, possibly aggravated. Mike isn't dead. You need a stiff in order to file manslaughter charges.

Answer 9

I think it would be considered attempted murder.....

Answer 10

If he survived no, the victim would have to be declared dead by medical personnel or the coroner.  Since these did not happen, he cannot be charged with murder.  Let me pose another hypothetical situation.

Mike is severely burned by being pushed into the electric fence by Jerome, Mike dies 25 years later.  The coroner states that his death was accelerated due to his injuries, can Jerome be charged with murder now?

Answer 11

He did not die permanently.  It would be assault if he was pushed into the fence on accident and attempted murder if it was on purpose.

Answer 12

if "jerome" pushed this dude in to the electric fence with the intent on killing him... you could be busted for attempted murder.  if "jerome" just pushed the guy who fell in to the fence and there was no criminal intent.. then you are looking at an assualt.  it is not murder because he is still among the living... if he dies later due to any complications that were related to this incident.. then it could be some form of a murder or knocked down to an involuntary act of some sort.

Answer 13

Probably just battery, maybe with assault. Maybe not.

If Jerome knew that the fence was electrified, and believed that it could kill Mike he would also be charged with attempted murder.

He could not be charged with murder since no one died.

Answer 14

yy hu did u kill haha, wouldn't it be atempted murder since he didn't actually kill mike.

Answer 15

No.   An assault since Mike is alive.    the declaration of "legally dead" would be recalled by the attending physician.

Answer 16

The charge is battery. There is no intent and there was no way for Jerome to know that the fence was electrified, if he did know that it may cause great bodily harm to push someone into the fence then it could be attempt murder.

It is not a homicide until  the medical examiner/coroner says it is a homicide. They normally don't do autopsies on live people, if they did they would then be dead.

Raviet's ? about corner saying it accelerated his death....If Mike was under continuous medical care due to his injury inflicted by Jerome (i.e. Mike cannot breath on his own anymore and he dies from pneumonia gotten from not breathing well) the ME will rule it homicide. No statute of limitations on homicide.

Actual case, guy stabs his wife, He gets caught and convicted serves his two years in jail moves away. She never fully recovers and is under continues care resulting from her injuries. 15 years later she dies. We track husband down and he is arrested for murder. Jeopardy from his other conviction does not carry since this is a new development and new charge. He plead guilty and got 8 years, the minimum at that time for murder in my state.

Answer 17

Attempted murder maybe ? Well lets say if bill had a gun and bill shot bob and bill ran off but bob was still alive. He attempted murder. Same as Mike and Jerome. :)