Legal Question in Criminal Law in Texas
Let me set the scenerio.... two men fight ..after the fight the loser of the fight goes inside his camping trailor and gets a gun ..the unarmed man is shot and killed. can the shooter claim self defense ?
Asked on 6/07/12, 1:44 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
No. An action will only qualify as self-defense if it is taken in order to prevent imminent death or serious bodily injury. Once the fight ended, the loser would not have had any reason to think he was about to be killed or seriously injured.
Unless there are some significant additional facts you haven't told us about, the shooting would probably qualify as murder. It might be manslaughter instead depending upon the details of what happened.
Answered on 6/07/12, 1:58 pm
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