Legal Question in Criminal Law in California

If your a gang member but not falidated and three rival gangmebers try and jump you and I have a self defense weapon such as a knife and I kill all three for the fear of my life would I get away with it as self defense?


Asked on 1/26/14, 10:13 pm

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

That's a question for the jury.

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Answered on 1/26/14, 10:31 pm
Edward Hoffman Law Offices of Edward A. Hoffman

The victim of an attack may defend himself with as much force as is reasonably necessary. Sometimes that means deadly force, but usually it doesn't.

In the case you describe, the jury would have to believe (a) that the other three men attacked you; (b) that you feared death or serious injury; (c) that your fear was reasonable under the circumstances; and (d) that you could not reasonably have defended yourself without deadly force.

Part (d) would be difficult because the jury would expect the second and third men to yield after seeing what you did to the first.

But part (a) would also be a problem, since the police and prosecutor would think you were the aggressor and were just trying to make it look like self-defense. If they see this question and figure out that you're the one who posted it -- which is very likely -- they would be able to use it against you as evidence that the killings were pre-meditated and that the self-defense argument is a lie.

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Answered on 1/27/14, 11:03 am
Terry A. Nelson Nelson & Lawless

"get away with it"??

That would mean you went to trial and the jury acquitted you of all charges. I have handled criminal defense cases for many years, and would never 'guarantee' a client he will be acquitter, even in the best of factual situations. Yes, self defense is what you would claim, but whether the jury will believe that, and think the facts indicate you are 'innocent', is up to them. They will be taking into account your history and any priors. Keep in mind that the DA and his witnesses are going to vigorously disagree with everything you say. His job is to convict with whatever evidence he can obtain.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 1/27/14, 11:11 am


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