Law Question ?

Discussion in 'Mayberry Lounge' started by StannisTheMannis, Feb 29, 2016.

  1. StannisTheMannis

    StannisTheMannis Double Yellow Card Double Yellow Card

    Joined:
    Feb 14, 2016
    Messages:
    533
    Likes Received:
    512
    Crazy ex bf shows up at my house demands to take my gf away from me. I ask him to leave he wont. He challenges me to a fight and i say lets go. I beat him up so badly he dies. Am I good or do i get involuntary manslaughter?
     
  2. Higus

    Higus Gold Belt

    Joined:
    Feb 27, 2008
    Messages:
    17,436
    Likes Received:
    19,146
    Location:
    Seattle, WA
    You'll probably end up in jail no matter what. How long depends on the circumstances of "I beat him up so badly he dies." If it was a 1-punch KO and he hits his head on the ground and dies, that's one thing. If you curb stomp him for 10 minutes and then strangle him or something excessive, that's another.
     
    kenetics likes this.
  3. Protectandserve

    Protectandserve Red Belt

    Joined:
    Dec 26, 2011
    Messages:
    8,089
    Likes Received:
    11,674
    Location:
    'Murica
    Prepare your anus. You'd be going to prison.

    Engaging in a fight because someone is calling you out is not a solid legal defense.

    If he dies as the result of your criminal activity (fighting) you're going to be charged.
     
  4. BAM

    BAM Back in the saddle again

    Joined:
    Aug 13, 2006
    Messages:
    24,318
    Likes Received:
    8,525
    depends on the jurisdiction, they have different tests, some places you'd be fine. and when you mean 'take the girl away' do you mean he'll physically remove her against her will or just that you'd feel insulted that he'd try to woo her?

    can you escape the fight? are you fighting in defense of another person?

    usually there is some sort of test involving what a reasonable person would do in the circumstances armed w/ the same knowledge. fear? proportionality? etc.

    typically, if you go out of your house to confront someone rather than stay inside and beat someone to death, you're probably well fucked.
     
  5. StannisTheMannis

    StannisTheMannis Double Yellow Card Double Yellow Card

    Joined:
    Feb 14, 2016
    Messages:
    533
    Likes Received:
    512
    but i asked him to leave and he didnt budge...
     
  6. Pimach

    Pimach Orange Belt

    Joined:
    May 30, 2015
    Messages:
    344
    Likes Received:
    33
    Why would your ex-bf want your girl?
     
    Nesk and gigantalor like this.
  7. StannisTheMannis

    StannisTheMannis Double Yellow Card Double Yellow Card

    Joined:
    Feb 14, 2016
    Messages:
    533
    Likes Received:
    512
    not my ex bf my gfs ex bf obvi
     
  8. SuperiorHands

    SuperiorHands Purple Belt

    Joined:
    May 30, 2013
    Messages:
    2,103
    Likes Received:
    1,830
    Yea, you don't get to go outside of a house to confront someone and kill them and get off.
     
  9. phipps66

    phipps66 Brown Belt

    Joined:
    Dec 8, 2014
    Messages:
    2,617
    Likes Received:
    1,515
    Location:
    CT
    Manslaughter, probably not even involuntary. Call the cops, then beat him up. At least you can say you tried.

    Or if this already actually did happen, you should be ok if he was physically in the house. Depending on what state your in. If it's Canada, I don't know their laws.
     
  10. StannisTheMannis

    StannisTheMannis Double Yellow Card Double Yellow Card

    Joined:
    Feb 14, 2016
    Messages:
    533
    Likes Received:
    512
    but they are on my property my lawn...
     
  11. gigantalor

    gigantalor Black Belt

    Joined:
    Mar 28, 2008
    Messages:
    6,239
    Likes Received:
    2,757
    Ha ha. Beat me to it.
     
    Pimach likes this.
  12. Oblivian

    Oblivian Aging Platinum Member

    Joined:
    Mar 7, 2006
    Messages:
    41,521
    Likes Received:
    12,135
    Location:
    Merica
    No one can answer that question as there are so many circumstances. I think you'd be absolutely fucked in most situations, even with a good defense attorney.
     
  13. gigantalor

    gigantalor Black Belt

    Joined:
    Mar 28, 2008
    Messages:
    6,239
    Likes Received:
    2,757
    Look up the word egress.

    Btw, your ex-bf sounds a little crazy.
     
  14. MikeHolmes

    MikeHolmes Green Belt

    Joined:
    Nov 24, 2015
    Messages:
    1,454
    Likes Received:
    952
    Usually the test involves "Reasonable force." If he's trespassing, you have the right to use "reasonable force" to remove him from your property. I cannot be more helpful than that.
     
  15. cartizel

    cartizel Brown Belt

    Joined:
    Nov 20, 2007
    Messages:
    3,083
    Likes Received:
    566
    Location:
    Preppin' the Labium for Deeper Exploration
    just stand your ground, bruh
     
  16. SuperiorHands

    SuperiorHands Purple Belt

    Joined:
    May 30, 2013
    Messages:
    2,103
    Likes Received:
    1,830
    It doesn't matter. You have to be able to prove that you were in immediate and imminent danger, and that you only used the minimum forced required to defend yourself or another person. And it's gonna be HARD to prove that it was necissary force, especially if you are using your hands. Honestly you'd be better off shooting him in the chest and saying he was trying to kill you than having a medical examiner explain much trama occurred in the process of you beating someone to death. Not to mention that as soon as someone is not a threat if you hit him even once more it's not a crime and not self defense, and the prosecution will have someone ready to testify that the trama induced from the beating would have incapacitated him before he would have died, which would make what you did criminal.

    By "your property" do you mean your parents house? No offense but you sound very young.
     
  17. mushishi

    mushishi A is a, a is a, should I save her?

    Joined:
    Mar 25, 2009
    Messages:
    14,855
    Likes Received:
    11,069
    Yeah, noob, you invite him into your house to discuss, then you shoot him for breaking into your house.

    But seriously, avoid all the drama, and your life will be happier. I'd video dude and tell him to leave. If he doesn't, call the cops.
     
  18. SammyPops

    SammyPops Gold Belt

    Joined:
    Apr 13, 2007
    Messages:
    23,090
    Likes Received:
    15,694
    Location:
    Sitting beside Patient Zero
    so you took da jabbs a bit too far eh?
     
  19. SublimeSun

    SublimeSun Orange Belt

    Joined:
    Apr 20, 2014
    Messages:
    497
    Likes Received:
    344
    Damn, if you killed someone you may want to spend time seeing a real lawyer rather than a sherlawyer.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.