Homicide, Murder, Manslaughter Book research

[Otisjohanson]

what charges could a person face if they caught someone stealing their car and shot the thief? If the thief was unarmed and driving away, and what would the penalties for this crime be?

Thank you for your time

 

[army judge]

what charges could a person face if they caught someone stealing their car and shot the thief? If the thief was unarmed and driving away, and what would the penalties for this crime be?

Thank you for your time

The potential penalties would only become more severe if the alleged thief died.

At a minimum, in the circumstances you describe, shooting a fleeing thief could land you a decade in prison if the thief lived, plus a large civil lawsuit for hurting the little snowflake.

If you killed or maimed the precious snowflake, you've destroyed your life, too.

 

[adjusterjack]

what charges could a person face if they caught someone stealing their car and shot the thief? If the thief was unarmed and driving away, and what would the penalties for this crime be?

Prison, lots of it.

Although the circumstances and your state might make some difference.

Have you done this? Are you planning on doing this?

 

[Otis Johanson]

Prison, lots of it.

Although the circumstances and your state might make some difference.

Have you done this? Are you planning on doing this?

No I have not and do not plan to! I am writing a short story for school and wanted it to be accurate. Do you know what the charge would be? (Manslaughter?) and specific time in jail? 10-20 years?

 

[Highwayman]

You're not telling us WHAT STATE you're talking about. Charges and laws vary from state to state.

Why don't you use a search engine to find your state's penal/criminal law and look through it. Do your own homework and research instead of depending on others to do your work.

 

[Otis Johanson]

You're not telling us WHAT STATE you're talking about. Charges and laws vary from state to state.

Why don't you use a search engine to find your state's penal/criminal law and look through it. Do your own homework and research instead of depending on others to do your work.

Considering this is a law forum I figured I could get an educated answer like that's manslaughter orsecond degree murder would be more than willing to do my own research from there! Just trying to figure out what this SPECIFIC situation might incur.

 

[adjusterjack]

I am writing a short story for school and wanted it to be accurate.

If it's fiction it doesn't have to be accurate. You can set it in a parallel universe where the penalty for stealing a car is instant execution by the owner.

 

[adjusterjack]

Just trying to figure out what this SPECIFIC situation might incur.

A writer shouldn't be so obtuse. The reason we emphasize STATE is that criminal laws differ from state to state (especially in the use of deadly force to protect property) and you haven't told us your state or the state where this story is going to be set.

 

[Highwayman]

...manslaughter orsecond degree murder...

You don't get it do you?

Second degree murder in NY can be different than second degree murder in Connecticut - if that charge even exists in a particular state.

Look up your state's criminal statutes and read them - it's not rocket science.

 

[Otis Johanson]

i apologize I thought the answer would be more straight forward. The story I am writing will be taking place in the state of Nebraska.

 

[Highwayman]

Knock yourself out:

http://nebraskalegislature.gov/laws/browse-chapters.php?chapter=28

 

[army judge]

Knock yourself out:

Nebraska Legislature - Revised Statutes Chapter 28

The specific charge depends on what you plan to happen to your thief.
Will the thief die?
Was the thief just grazed slightly by the car's glass, because your shooter was a very poor shot?
Heck, maybe the gun misfired and thief absconded with thvehicle unharmed.

Is your thief as bad as Bad Bad Leroy T. Brown?
Did Ole Leroy stop the car, wearing his Kevlar created body armor, approach the shooter, disarming him/her, commencing to pistol whip the now cowering whimp about the head, until blod and brains spewed out like that famous statue of Mannequin Pis in Brussels.

Leroy then rifled through the dying shooter's bloody carcass, taking hs wallet and cash, driving off into the sunset without leaving witnesses or even trace DNA.

Have fun with it, mate.
I alwAys do.

 

[adjusterjack]

i apologize I thought the answer would be more straight forward. The story I am writing will be taking place in the state of Nebraska.

No, it's not straightforward, even in Nebraska. In addition to finding the statutory crimes like murder, manslaughter, negligent homicide, justifiable homicide, etc, there is also the matter of how the state looks at the use of any force, deadly or otherwise, in the protection of property.

That's covered by 28-1411:

2006 Nebraska Revised Statutes - § 28-1411 — Use of force for protection of property.

The wording of the statute itself is not the only thing you have to consider, it's also how the courts apply to statute to any given set of circumstances.

That's addressed by appellate case decisions that can be read at:

28-1411 - Google Scholar

To write an accurate story about a guy shooting a car thief, you have a lot of studying to do.

Or, you can go for the drama and ignore the accuracy.