This article deals with the question of the use of deadly force in self-defense situation. The following are the laws regarding the state of Nevada that I built directly from its official website at: http://www.nv.gov. To find your own status on the website, you would simply enter the address (www. yourstatesabbreviation. Gov.) in your Web browser with the two-letter abbreviation for your state between the www. and. gov.
Now I am not a lawyer, please make a note DOThis is not as legal advice, what-so-ever. This can only by a qualified and licensed professional attorney in the state where you reside, in particular, on state laws, which the act with deadly force in self-defense situation.
For example, we are confronted, you say with the following situation. You go to your car after a hard day at work when all of a sudden you see a human being to you. He comes to you, and here is atranscript, what is happening:
Note: The capital "A" stands for attackers and the capital "Y" is for you.
A. Hey man, got any money you can save?
Y. Sorry, I just got out of work and I am not paid until Friday.
A. (a knife) moves Give me your wallet man, or I'll kill you.
Y. BAM! BAM! (Insert your favorite techniques or procedures here.) Your attacker
now lying on the ground dead, while in your car and call thePolice.
Here are the laws on this particular situation as defined by Nevada State Law.
NRS 200.120 "Authorized Murder" defined. Justifiable murder is the killing of a human need to surprise them in self-defense or in defense of the home, property or person against one who manifestly intends or endeavors, by violence or to commit felony, or against a person or persons who intend to manifest and try to in a violent, boisterous, turbulent orSurreptitious way to give the apartment of another for the purpose of attacking or offering personal violence to any person dwelling or there.
OPINION:
Since the attacker not only threatened you with a deadly weapon (knife), he verbalized his intention to kill you if you do not do what he did to him was his wallet. That would clearly put a reasonable person in fear for their lives, which would justify the use of deadly turnPower.
NRS 200.130 does not bare out of fear to justify killing; reasonable fear required. A bare mention of the fear of crime in NRS 200.120 to ensure that the murder is alleged to have been committed is not sufficient to justify the killing of . It is evident that the circumstances were sufficient to arouse the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit ofRevenge.
OPINION:
Only fear that someone might do something, does not justify the use of deadly force. For example, if the guy just went on you saw with a knife and do not necessarily mean you would use the right of lethal force against him. For all you know he may have a sushi chef, who was just home from work and was tired and wants to go home. There must exist certain criteria, would a reasonable person to believe that their livesin danger.
NRS 200.160 Additional cases of justification manslaughter. Homicide is also justifiable when committed:
1. In the lawful defense of the murderer or his or her husband, wife, mother, child, brother or sister, or any other person in his presence or company, if a sufficient ground to capture a theme to the role of the person killed to commit a crime or to do a great personal injury to the murderer or to such person, and there is the danger of suchDesign is reached, or
2. In the actual resistance of the attempt to commit a crime on the murderer, in his presence, or on or in an apartment or elsewhere in the apartment where he is.
OPINION:
You are lawfully in dealing with deadly force to prevent what a reasonable person would believe to be a major personal injury and justified / or prevent a crime that is committed themselves or another person.
In this case, you are defending your life and yourrightful property (your wallet and its contents) by an attacker to commit a crime, Armed Assault, the verbalized his intention to kill, you, if you do not comply with his wishes.
NRS 200.200 Killing in self-defense. If a man kills another in self-defense must show that:
1. The danger was so urgent and pressing that, in order to save to prevent his own life or taking great physical harm, the killing of the other was absolutely necessary, and 2 ThePerson was killed the offender, or that the killer really was, and in good faith, tried to fight was given no further decline before the fatal blow.
OPINION:
Was the danger of urgency in this example? Well, you were confronted with an armed attack and threatened, killed, if you do not hand over your wallet. So you could make the argument that yes, you were in a very dangerous and urgent cases.
Could you have disarmed the attackerwithout lethal force? Once again, this may be a possibility, depending on many variables, including their own abilities.
NRS 200.275 Justifiable infliction or threat of non personal injury offense. In addition to all other circumstances recognized as a justification at common law, the infliction or threat of injury to justify and not manslaughter, battery or assault, if it be done in circumstances that justifyManslaughter.
OPINION:
Take, for example, that you do not kill the attacker, but say only that his spine and paralyzed him broke down for the life of the waist. Under the law, if you are in killing the attacker but not justified, then all the power is properly used against him is justified.
However, once the attacker is no longer a threat. They are legally obliged to stop their attack. For example, if you have your attackers broke his arm and he is no longer in a position toor are willing to hold the knife, you are warranted not to break the other arm and both legs.
NRS 193.165 Additional penalty: Use of deadly weapon or tear gas in the commission of a crime.
5. As used in this section, "deadly weapon" means:
(a) any instrument which, when used in the usual manner by the proposed
Design and construction, or will cause substantial physical harm or
Death;
(b) All arms, equipment, tools, materials and substancesCreated under the
Circumstances under which it is used, attempted to be used or threatened to
is used, can be made to cause significant bodily injury or death, or
(c) A dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 and 202.350.
OPINION:
A knife is considered a deadly weapon, and when used in the example, lends legitimacy of the use of deadly force by the victim. If the same situation has been carried out andThe attacker had no weapon, it would be much more difficult to justify the use of deadly force. To verbalize Even with the attacker, he'll kill you. Of course, every situation is different and unique, which is justified in a situation that can not be in another.
Something that needs to be considered is the value of what the attacker wants with regard to your life and / or that of another. Is your life really worth the contents of the wallet? On the other hand, someone has toRight to come and threaten your life and take from what is that? This is something that will calm sheltered by each person in order to find out for themselves what is best for you.
Finally, I would like to emphasize the fact that should be avoided at all times and try it, potentially dangerous or violent situations. However, if you are not in a position to always use only the power that is required for any given situation. Remember, each situation willare clearly different and what may well be able to work in a situation totally inappropriate to use in others. Always try your brain before you use your muscles.
One final thought, even if you can be completely in the right, you can still be found for the civil and criminal charges. I recommend that you should have an experienced defense lawyer on the holder just in case. Especially if you are in a profession where one of physical violenceas part of your work, for example, a police officer, correctional officer, security guards, doormen, etc.
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