QUESTION

Can I get away with self defense if I killed 3 gang members that jump me?

Asked on Jan 27th, 2014 on Criminal Law - Michigan
More details to this question:
If 3 gang members jump me and I use my self defense weapon such as a knife for the fear of my life and kill the three men that attacked me will I get away with self-defense?
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6 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Maybe.
Answered on Jan 30th, 2014 at 9:24 PM

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Creditor's Rights Attorney serving Clayton, MO at Fluhr & Moore, LLC
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If the circumstance are such that your life was in danger, self defense is a valid defense. Sometimes a person may not even be charged wit the crime of murder if it happened under circumstances that the prosecutor is convinced that the act was in self defense.
Answered on Jan 30th, 2014 at 6:02 AM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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Self-defense is very fact specific. Based on what you have provided, it is impossible to predict the outcome of a trial on the issue.
Answered on Jan 30th, 2014 at 6:01 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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If you were attacked first, they had you outnumbered, and they were physically assaulting you, then you should be justified under the law using lethal force or potential lethal force to propel such an attack. The force you use has to be reasonable under the circumstances.
Answered on Jan 30th, 2014 at 5:59 AM

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The technical term is homicide with justification. The answer is going to require a look at the totality of the circumstances i.e. the entire factual situation. The ultimate questions are whether the action that you took was reasonable under the circumstances, and whether you reasonably could had a fear for your life or of serious injury. You should anticipate having consideration given to where you were, why and what type of weapon you had (this may work to your benefit or detriment). Reasonable refers to a reasonable person standard and is not necessarily what you personally think is reasonable, which would be a subjective standard.
Answered on Jan 30th, 2014 at 5:59 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You should if it was self defense.
Answered on Jan 30th, 2014 at 5:57 AM

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