Is This Legal?

[Bulldog]

"Law & Order" for all the answers

050. Self Defense 11/11/92
Adam Arkin [George Costas], Ron Rifkin [Alex Dracos], Marissa Chibas [Christine Costas], Paul Butler [Judge Edmond Francis], Jon Manfrellotti [Detective Morelli], Frank Savino [Nick Fortas], Robert Hirschfeld [Abrams], Johnnie Mae [Laticia Ramos], Ron Brice [Marvin Welles], Peter Yoshida [Joon Rhee], Florence Anglim [Mrs. Pinkskey], Mick o'Rourke [Matt Donegan], Andrew Spikes [Kott], Waichinjlto [Mrs. Rhee], Paul Schulze [Garfield], Philip LeStrange [McDowell]. Lou Martini Jr. [CSU Policeman], Carol Anne Hansen [Jury Forewoman], Robert Coffin [Court Clerk]

Greek immigrant George Costas shoots two intruders in his store and claims self-defense, but the evidence isn't all on his side and questions arise about how far his right to defend himself and his property extends.

[evans075]

This reminds me of something my dad said once about someone breaking into your home. He said "Make sure you shoot em before they get to the door, and if they make it to the door don't let them fall into the yard." Technically I believe that if there back is to you then you can't shoot them. Reasoning is that they are no longer Threatning you and are now "leaving". That won't stop me from shooting them though!

[James Boston]

[ QUOTE ]
Here, it don't matter what you 'feel', the burden of proof of someone's intent is on you.


[/ QUOTE ]

I'm no lawyer, but I think it's similar here. I just didn't clarify. If the prosecution can prove you had no reason to feel that you were in danger, they can get you for murder. If the prosecution can prove there was no real threat, and the defense can prove you had reason to think otherwise, you're probably looking at manslaughter- a lesser charge. The OP wanted to know what the law was in the event you KNEW the danger had passed, but killed them anyway.