Depends on the jurisdiction. Here in TN it's still Aggravated Robbery if the victim believes the weapon to be real. Oddly, just threatening someone with a fake gun is not aggravated assault. We have a separate misdemeanor statute for that. But if that fake gun places you in fear and you deploy deadly force, you are justified. No, it doesn't make sense.
Also interesting is that I had an arguement with a Prosecutor over whether or not shooting someone with a pellet gun constituted Aggravated Assault. I was told absolutely not, because a pellet gun can not cause a lethal injury. I found this amusing as shortly before this discussion I had worked a fatality where a victim had been shot by a family member with a pellet gun. The victim died. Absolutely fluke occurrence, but still...
Originally posted by copaup: Depends on the jurisdiction. Here in TN it's still Aggravated Robbery if the victim believes the weapon to be real. Oddly, just threatening someone with a fake gun is not aggravated assault. We have a separate misdemeanor statute for that. But if that fake gun places you in fear and you deploy deadly force, you are justified. No, it doesn't make sense.
Also interesting is that I had an arguement with a Prosecutor over whether or not shooting someone with a pellet gun constituted Aggravated Assault. I was told absolutely not, because a pellet gun can not cause a lethal injury. I found this amusing as shortly before this discussion I had worked a fatality where a victim had been shot by a family member with a pellet gun. The victim died. Absolutely fluke occurrence, but still...
A few years ago I sat on a criminal jury in CA, armed robbery. The perp didn't have a gun but claimed he had a gun, got away with less than $100 from an ice cream store. But the mere claim made it an armed robbery charge, for which he was convicted. And it was his third felony conviction (three stries you're out).
But he was a minority, so today he would be exonerated and given the key to the city.
"Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can save it....While it lies there, it needs no constitution, no law, no court to save it" - Judge Learned Hand, May 1944
Posts: 30668 | Location: UT | Registered: November 11, 2003
That's actually how it works here as well. The law is worded that if you place the victim in reasonable fear for their life by using, displaying, or implicating possession of a deadly weapon, or by displaying any object fashioned to appear to be a deadly weapon, then you have committed aggravated robbery. Class B felony. 25 years.
My favorite justified shooting that I ever worked was a robbery of an auto parts store. Video shows the suspect come inside and hold the clerk at gunpoint. A second camera view shows an older security guard apparently asleep in the back corner of the business at what looks like an old school desk. His head is down on his crossed arms. When the robbery happens you see that guard raise his head up, casually draw, and fire one round from a still seated position that strikes the suspect in the head. He's so casual about it that you'd expect him to just lay his head back down and go back to sleep. Hell, he was so calm when I got there that I doubt his pulse rate ever went above a hundred.
Looks like he walked in, saw two roaches, knew how fast they scurry and sprayed em down with poison forthwith. No excitement, no ceremony. Just takin' out the trash.
OutFreakinStanding.
I returned, and saw under the sun, that the race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favour to men of skill; but time and chance happeneth to them all. -Ecclesiastes 9:11
...But the king shall rejoice in God; every one that sweareth by Him shall glory, but the mouth of them that speak lies shall be stopped. - Psalm 63:11 [excerpted]
Posts: 7656 | Location: Dallas | Registered: August 04, 2011