Self Defense law question

2009-10-20 13:34:49

#1

Macbeth: Banned; +2,444|5873

If you go back home to your apartment early from work and find your girlfriend in bed with another man and you confront them and they guy starts to attack you so you go to the other room and get your handgun and shoot him once in the chest is that murder or self defense. Mind you he did attack you in your own apartment.

Sorta like in this music video starting at :39, is what I'm thinking about.

So murder or self defense?

2009-10-20 13:38:49

#2

13urnzz: Banned; +5,830|6784

Macbeth wrote:
find your girlfriend in bed with another man

two birds with one stone.

you detail circumstances that could be argued as motive. you set up a scenario that could be argued as self-defence.
let us know how the jury treats you.

2009-10-20 13:40:10

#3

13rin: Member; +977|6766

Well, if he attacked you.
Look and see if there is prior cases where similarities occurred and how the ruling was on that.

But catching a gf cheating? Kick the slut to the curb. It isn't like you're married there. Ton's of other women out there.

*edit:

Was the cheater the witch or the good friend you tried to rape?

Last edited by DBBrinson1 (2009-10-20 13:41:48)

I stood in line for four hours. They better give me a Wal-Mart gift card, or something. - Rodney Booker, Job Fair attendee.

2009-10-20 13:43:29

#4

Christbane: Member; +51|6522

he was invited into the house obviously. you confronted him and he felt threatned so he could claim self defense also. maybe he had no idea she was with someone? to many what ifs involved here. if the shooter could not prove his life was at risk pretty sure you are looking at manslaughter

2009-10-20 13:44:26

#5

Macbeth: Banned; +2,444|5873

I didn't kill anyone guys, I was just watching the video earlier and was wondering how police would treat something like this.

2009-10-20 13:45:17

#6

Jay: Bork! Bork! Bork!; +2,006|5645|London, England

In Texas you're within your rights to shoot him as a trespasser.

"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat

2009-10-20 13:45:40

#7

Christbane: Member; +51|6522

lol yes I realise you didnt kill anyone

2009-10-20 13:46:20

#8

mcgid1: Meh...; +129|7004|Austin, TX/San Antonio, TX

Tough question and it is different from state to state.

For the most part I'm going to go with 2nd degree murder for two reasons. 1) your girlfriend, who I'm assuming was living in the apartment at the time, let him in which could negate the castle doctrine of laws and 2) I'm going to assume that he was unarmed and the use of deadly force would be seen as an escalation on your part and not justified self defense. In a state like Texas, you might be able to get away with self defense, because if someone is on your property and attacking you at all, then they are fair game period, but in most other states, I'm going to say no.

2009-10-20 13:47:24

#9

Christbane: Member; +51|6522

JohnG@lt wrote:
In Texas you're within your rights to shoot him as a trespasser.

not if your wife/gf invited him in... no tresspass there

2009-10-20 13:50:05

#10

Jay: Bork! Bork! Bork!; +2,006|5645|London, England

Christbane wrote:
JohnG@lt wrote:
In Texas you're within your rights to shoot him as a trespasser.
not if your wife/gf invited him in... no tresspass there

Worst you'll get is a seriously reduced sentence due to 'crime of passion'.

"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat

2009-10-20 13:51:04

#11

mcgid1: Meh...; +129|7004|Austin, TX/San Antonio, TX

Christbane wrote:
JohnG@lt wrote:
In Texas you're within your rights to shoot him as a trespasser.
not if your wife/gf invited him in... no tresspass there

If he attacks you, he is fair game in Texas.

2009-10-20 13:51:40

#12

cpt.fass1: The Cap'n Can Make it Hap'n; +329|6983|NJ

I think that's a crime of passion, they'd have to pin motive before you shot him to make it murder, so maybe it'd be manslaughter(or mans laughter)..

I don't think it matters where it happens.. I also don't think him attacking you would have anything to do with it.

2009-10-20 13:57:38

#13

Chou: Member; +737|7078

Put a knife in his hand.

2009-10-20 13:59:00

#14

Agent_Dung_Bomb: Member; +302|7023|Salt Lake City

Mac, too many assumptions on your part. What we don't know.

Was this actually his apartment? If it was, why did he kick in the door?

If she didn't tell him that she had a boyfriend, he could have thought you were some psycho ex-BF.

Kind of stupid to bring up a self defense scenario from a music video.

2009-10-20 14:04:59

#15

Macbeth: Banned; +2,444|5873

Agent_Dung_Bomb wrote:
Mac, too many assumptions on your part. What we don't know.

Was this actually his apartment? If it was, why did he kick in the door?

If she didn't tell him that she had a boyfriend, he could have thought you were some psycho ex-BF.

Kind of stupid to bring up a self defense scenario from a music video.

I figured it was his place because he knew where the gun was in the place that he was able to leave for a split second and get it.

About the door being kicked in, it's just more badass to kick the door in.

2009-10-20 14:06:08

#16

cpt.fass1: The Cap'n Can Make it Hap'n; +329|6983|NJ

Didn't watch the video, but the door being kicked in would probably make it man slaughter.. Because he knew they were there and kicked in the door= motivation.

2009-10-20 14:13:36

#17

Noobpatty: ʎʇʇɐdqoou; +194|6641|West NY

I can't fucking stand that vocalist... and it's self defense under the normal circumstances...nothing changes except how more willing you are to shoot him.

2009-10-20 14:30:33

#18

henno13: A generally unremarkable member; +230|6635|Belfast

If I was in that situation, I would shoot him, mainly becasue he attacked me in my own home. _{Maybe also because he was banging my girl too.} Anyway, I believe it warrants a self defence shooting. I mean, would you let some guy bang your girl and then kick the shit out of you after you walk in on it? What other things can you do?

Last edited by henno13 (2009-10-20 14:32:27)

2009-10-20 15:27:47

#19

Dilbert_X: The X stands for; +1,817|6393|eXtreme to the maX

If it was your flat then maybe.
If its shared with your GF then she's entitled to have visitors, so its not simple.
Even if it is your flat and you allow your GF to come and go she's still allowed to have visitors.

Not sure about Texas but generally if you're able to break off and fetch your gun from another room then you could probably have left and called the Police just as easily.

As I understand it sleeping with some guys skank GF is not a capital crime.

Fuck Israel

2009-10-20 15:34:53

#20

Hurricane2k9: Pendulous Sweaty Balls; +1,538|5989|College Park, MD

I'd charge it as involuntary manslaughter if anything.

https://static.bf2s.com/files/user/36793/marylandsig.jpg

2009-10-20 17:16:27

#21

RAIMIUS: You with the face!; +244|7002|US

You probably would NOT have a good case for self defense. If he was not actively threatening/attacking you, your SD case has probably failed. Since the guy left (to get the gun), he cannot claim self-defense, since he returned to shoot the other guy.

Manslaughter or murder charges...

2009-10-20 22:12:39

#22

DrunkFace: Germans did 911; +427|6968|Disaster Free Zone

You walk in, get in his face about it, so he pushes you, so you kill him. Murder.

Also when you GF/BF/Spouse is cheating on you, you take it up with them not the person they're cheating with.

BF2S Forums Self Defense law question

Macbeth wrote:

JohnG@lt wrote:

Christbane wrote:

JohnG@lt wrote:

Christbane wrote:

JohnG@lt wrote:

Agent_Dung_Bomb wrote:

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