Garden City, ID asked in Criminal Law for Idaho

Q: Can you be lawfully charged with murder if the only testimony indicates you shot someone after they pointed a gun at you

and your attacker pulled the gun out and pointed it at you first in your own home.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Murder requires the government to prove that the actor killed another person, intentionally (not while asleep) and did so without being provoked first, and with malice. From your facts, it doesn't seem like any Sr. prosecutor would charge "murder," only to be embarrassed at court when the judge dismisses for lack of proof of the elements of murder. If your question is merely subjective, then that's different. However, a little more information would be nice, in order to give you a more thorough, competent answer.

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