Legal Question in Criminal Law in California
attempted muder
in the case the aggressor, was supposely injured worse than the
person being attacked, yet only the
person attacked was arrested and
charged. what happened here ?????
Asked on 2/22/08, 3:03 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: attempted muder
People are allowed to use reasonable force to defend themselves. Using more force than is reasonable under the circumstances can be charged as a crime.
The attempted murder charge indicates that the police think the target was trying to kill the aggressor. Use of deadly force is allowed only when faced with a risk of death or serious bodily injury. If the target was not facing such a risk then he was not allowed to respond with deadly force. A charge of attempted murder is appropriate in such a scenario.
Answered on 2/22/08, 3:42 pm
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