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shooting below the waist

Discussion in 'GATE Self-Defense Forum' started by barstoolguru, May 12, 2011.

  1. barstoolguru

    barstoolguru texas proud

    2,434
    3
    Jan 10, 2011
    dallas, tx
    in a conversation with a friend the subject of shooting below the waist come up . he said that if you shoot a unarmed person below the waist is not attempted murder. is this correct
     
  2. Mas Ayoob

    Mas Ayoob KoolAidAntidote Moderator

    4,703
    375
    Nov 6, 2005
    Barstoolguru, if your friend suggested that as a blanket rule, you are correct to question him, because in that context he is flat out wrong.

    In a deadly force situation in which the ostensibly unarmed attacker(s) possessed disparity of force -- greater numbers, huge size/strength disparity, or any of several other elements -- which legally warranted recourse to a deadly weapon in self-defense, the shooting would be justifiable no matter where the bullet hit.

    If it was a simple fistfight between equally matched opponents, shooting the unarmed man -- or even shooting AT him and missing -- would constitute felony aggravated assault at a minimum, and the prosecutor could probably sustain an attempted murder charge, if "within the totality of the circumstances" it was determined that the shooter was NOT justified in employing deadly physical force.

    I don't wish to hurt your friend's feelings, but it sounds as if he desperately needs some training in the judicious use of lethal force.

    Best,
    Mas