Legal Question in Criminal Law in California

Killing of a kidnapper.

I'm writer and in my latest story the main character is kidnapped. A friend of her's knows who took her and ends up finding her but in the process of trying to save her unintentionally shoot her kidnapper, killing him. THey were scared to report it and it's been two days. If he were to turn himself in now would he be up for murder? Or would it be considered self defense since the gun was the kidnappers?


Asked on 1/26/07, 4:47 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Killing of a kidnapper.

I would need to know more details. Killing in the defense of another is often legally justified, but only if it reasonably appears that the other person was in imminent danger of being killed or seriously injured and if the use of deadly force is reasonably necessary to prevent such results.

Also, you say that the killing was unintentional. Killing someone unintentionally can seldom be considered murder. At most it would normally be deemed manslaughter, even if the killer wasn't trying to save someone at the time.

I want to add that whether your character is charged with anything depends not only upon what really happened but also upon what *appears* to have happened. A killing that is justifiable and/or unintentional may still seem like a murder.

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Answered on 1/26/07, 5:36 am
Daniel J. Mangan III JuryTrialJustice

Re: Killing of a kidnapper.

As stated, and on it's face, this is a self defense/defense of others senario which would be an excusable homicide...who would belive what, is an issue for your fine imagination.

Wild, perhaps delusional, prosecution theories could exist for criminal murder liability. If yu need to know those send another question along

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Answered on 1/26/07, 7:43 pm


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