Legal Question in Criminal Law in California

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.

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