QUESTION
What happens if a minor killed an assualting drunken man?
Asked on Oct 01st, 2011 on Criminal Law - Colorado
More details to this question:
What if a man, 18, got drunk and attacked a 16 year old girl. Then her girlfriend, in her home, and a girl, say her sister, 13, fearing for her sister's life, grabbed a knife and stabbed him to save her. What would be her punishment? Would she even receive one under the circumstances?
19 ANSWERS
Defending another person is a defense to violent crimes.
Answered on Oct 28th, 2011 at 1:21 PM
Kevin Michael Smith
Under those circumstances, in Connecticut, no. Not if I'm defending her.
Answered on Oct 28th, 2011 at 1:21 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Sounds like a clear issue of self defense, in which case, nothing would happen to her.
Answered on Oct 28th, 2011 at 1:21 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If she can prove self defense or that she came to the aid of another then she may walk.
Answered on Oct 28th, 2011 at 1:21 PM
Business Law Attorney serving Oakland, CA
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Law Office of Alanna D. Coopersmith
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Self defense and defense of another are both complete legal defenses to murder.
Answered on Oct 28th, 2011 at 1:21 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It could be defense of others, which is a defense to murder or manslaughter.
Answered on Oct 28th, 2011 at 1:21 PM
Michael J. Breczinski
It depends on the circumstances just like the issue of self defense, there is a legal defense called defense of others. That girl needs an attorney if charged.
Answered on Oct 05th, 2011 at 11:42 PM
3 Awards
Nothing, if that's the way it was. Protection of another. You are going to need an attorney to protect you and sell that story. The DA is not your friend and will not listen to you.
Answered on Oct 05th, 2011 at 11:42 PM
That is quite a question. If the police and District Attorney believed that the young girl was acting to protect her sister from deadly force, they probably would not seek any punishment. They would have a lot of questions and do a great deal of forensic investigation (angles, time lines, etc.) before they believed that claim. If they did not believe the story, they may well charge the girl as an adult, plus any adults involved would certainly be charged as well.
Answered on Oct 05th, 2011 at 11:41 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Whether a homicide or justifiable defense of another is at issue it your question. Deadly force typically can become a criminal charge if used in the defense of another where the deadly force outweighs the incident which is occurring. By this I mean, through example, that if a person grabs someone by the arms, a by-stander cannot stab them to death and validly claim self-defense/defense of another. The response, stabbing, far outweighs the event of grabbing. (e.g. assault). However, if the person is choking someone to death, a greater amount of force could be employed to validly claim self-defense/defense of another. The drunken state of the person is a factor to be considered, but it does not change the analysis. Your question is based on many facts which are not provided. You do not describe "attacked." You mention "saved her," but do not describe what she may be saved from. You then skip to punishment without mention of what the charge was or whether the 13-year old was charged as a juvenile and sentenced as an adult, or whether the matter was left as a juvenile charge. Your question is of such a gravity, that if this is an active case, the Internet is not the forum to raise specific questions. Rather, you may consider hiring an attorney to review the facts and present an appropriate defense after a review of the specific facts. As in all cases, the first question is culpability, e.g.: can there be a conviction? The second question is what penalty is appropriate. The will depend on what offense was charged and resulted in the conviction. Mitigating factors, such as intoxication, provocation, and other factors will effect the potential sentence.
Answered on Oct 05th, 2011 at 5:42 PM
It would depend on whether the prosecutor decided to bring any charges against the 13 year old. It would also depend if the matter was handled in juvenile court or if the prosecutor moved to have the juvenile court waive jurisdiction.
Answered on Oct 05th, 2011 at 2:31 PM
The killing of a human can be justified by self-defense or the defense of others. If a person has a reasonable belief that they or another is in danger of losing there life that killing is justified. Like any criminal case the choices on how to proceed depends on the facts. Based upon what you wrote she should be ok. However, your best action now would be to consult with an attorney.
Answered on Oct 05th, 2011 at 2:20 PM
Criminal Defense Attorney serving Norwalk, CA
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Law Offices of George Woodworth and Associates
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There is a viable defense here. One may, under the proper circumstances, use that physical force necessary to prevent injury/death to another person. It is called "defense of others." The facts and evidence should be analyzed to see if there was the requisite real likelihood of injury or death about to happen that night. If that can be established then that would be a defense to the charge of murder or great bodily injury. Of course, the girl may only use that degree of force that is necessary to prevent harm to another. This is a complex matter that usually involves specific factual/evidence analysis, and intricate rules of evidence. Get her a very, experienced criminal defense Attorney.
Answered on Oct 05th, 2011 at 2:02 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If someone used lethal force to defend themselves or defend someone else that is facing lethal or potentially lethal harm, that is legally justifiable. The facts will determine if it is or not. If she is charged with a crime, she needs to retain a lawyer as soon as possible.
Answered on Oct 05th, 2011 at 2:02 PM
Theresa Suzanne Hofmeister
While it sounds there is a good chance for a successful self-defense/defense of others claim, all those circumstance would have to be proven in court. So, no one can tell you at this time what would happen - if the DA would prosecute against the 13 year old or not, if the girl would be convicted of anything and if so what and what (if anything) her sentence or punishment would be. Contact a local criminal defense attorney in your area.
Answered on Oct 05th, 2011 at 1:59 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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One cannot use deadly force (a knife, gun, etc.) against the unlawful use of non-deadly force (a slap, kick, punch, etc.) IfX is being assaulted by A, then Y, Z, and anyone else can join in to stop the assault but the knife is a problem. Legally they could be charged with aggravated assault with a deadl weapon which carries to 2 to 20 years in prison for an adult, or a juvenile who has been certified to be tried as an adult. However, depending on the facts, the prosecuor could exercise great discretion with regard to prosecution.
Answered on Oct 05th, 2011 at 1:57 PM
Daniel Kieth Martin
It is difficult to provide a definite answer to this because the court will consider the 'totality of circumstances' or all of the circumstances of the situation. How big is the attacker compared to the 13? Was there a delay in the retaliation? Based on the details that you have provided I would say that there would be no criminal liability on the part of the 13 year old because a person can use the amount of force necessary to repel an attack on them. (This is called self defense) A person can also use the amount of force necessary to repel an attack on another person. (This is called defense of others) A thirteen year old girl against a full grown man would need a lot of 'force' to repel an attack, as long as she stopped as soon as the threat was over she should be ok.
Answered on Oct 05th, 2011 at 1:50 PM
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In every case, there are charges filed or not. The facts you set forth, if believed, would either be grounds for the District Attorney to not file charges, or if charges are filed, to serve as an affirmative defense against the charges. It is difficult to speculate on the outcome and most times, especially when there is a stabbing, the District Attorney and police take the matter quite seriously. Suppose a group of people decide to stab and then merely assert that the stabbed person was a violent attacker. This would become a common defense. It is important to remember that if there is any basis for bringing charges, the People will.
Answered on Oct 05th, 2011 at 1:46 PM
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That is defense of others, if a person uses reasonable amount of force to repel or stop what that person reasonably believes is or will be an attack on themselves or another deadly force is allowed where a person believes, it is necessary to stop the attack or where the person believes deadly force may be used. If the only way to stop the attack is deadly force, then you may use it no matter what, get an attorney, say nothing to the police [other than maybe - he was attacking her, so I did it] but best not to guess - say nothing other than I want an attorney and then only tell the attorney what happened.
Answered on Oct 05th, 2011 at 1:22 PM