回复:If some one pointed on your head, you will do nothing?...

来源: apt 2008-09-16 11:27:34 [] [旧帖] [给我悄悄话] 本文已被阅读: 0 次 (1017 bytes)
回答: 回复:求教:被邻居的狙击步枪描上了apt2008-09-15 13:05:47
You can do whatever you want. Under a different situation it may be reasonable to blow the woman away first, i.e., self-defense. But it does not work in this case. First, our friend told her to "blow" so that this consent will block any would-be recovery. Second, self-defense would not work in this case because no reasonable person would tell the woman to shoot if he thought the woman meant it for real. Third, legally it is an assault case but civilly it is hard to recover anything without real damage. Fourth, DA has lots of discretion to prosecute or not to prosecute a case and I doubt a DA will prosecute in this case. Our friend may want to talk to the DA and let us know the results.

It'll be a case specific situation. If self-defense failed and the initial aggressor was killed, you are talking about voluntary manslaughter which in most states means 20 years in prison. If the initial aggressor is hurt, you are talking about criminal battery which is still a felony in most states.
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