Articles Tagged with imperfect self-defense

A 33-year-old man has been charged with murder after thwarting an attempted burglary on his vehicle. The assailant, Lazaro Vaquez was reportedly cruising with his girlfriend to find someone to rob. He crossed paths with Adam Woods, who was not having it.

Video surveillance shows Vazquez approaching the car, but then appearing startled as Woods exited with a gun. Vazquez could be seen turning around and running. It was then that Woods fired four shots into Vazquez’s back, killing him. 

Is This a Legitimate Murder Charge?

A road rage incident went way out of control when one of the combatants grabbed the other by the hair and threw her to the ground. The state employee, Keli Calderone, pulled a sidearm that she was licensed to carry and shot the man. That man survived but sustained severe injuries as a result of the incident. Calderone was charged with attempted murder, but later, she was acquitted on the grounds of self-defense. Beforehand, however, Calderone was held before a termination committee to decide whether she was still allowed to work in her capacity with the Office of Emergency Management and Communications. The office rejected her claim of self-defense and terminated her.

The Self-Defense Argument

Self-defense arguments are really easy to make in some states (Florida) and really difficult to make in other states, like Illinois. Calderone was charged with attempted murder, but the judge who presided over her case determined that because she had been thrown to the ground, and was in a vulnerable position that left her subjected to further force, her use of her gun was justified. 

As we all know, the quarantine has reduced the crime rate quite a bit. In places like Georgia, where the stay-at-home order never really went into effect, some interesting (although infuriating) cases are still being prosecuted. 

A father and son duo is charged with shooting and murdering an unarmed jogger by the name of Ahmed Arbery. Now that the case is in the news, it offers a rare insight into how things operate elsewhere in the country.

The two men charged with Arbery’s murder, Greg and Travis McMichael, appear to have ties to racist organizations like the KKK. However, two prosecutors have recused themselves from the case over ties to the McMichaels and a third stepped down for unknown reasons. McMichael was a former police officer and prosecutorial investigator. 

joris-v-541657-unsplash-copy-300x200Liltony M. Van has been charged with first-degree murder after a road rage incident turned fatal. According to reports, the other man, Marquist Boyd had a baseball bat on him and brandished it. Van pulled out a handgun and shot Boyd in the head. It is unclear whether or not Van owned the gun legally, but the only other charge against him is criminal trespass to a vehicle.

To date, 28 states have passed some version of a “stand your ground” law, with Florida’s being the most notable. In Florida, if an individual has reasonable cause to believe that another person is going to harm or injure them, they are within their rights to use lethal force against that individual. If this altercation took place in Florida, it may be hard to even get it before a jury. This is because if a defendant raises a “stand your ground” defense during an indictment, the prosecutor must overcome a burden of proof to follow up with a jury trial. Furthermore, if the case is allowed to proceed to a jury, the defendant may use a stand your ground defense to the charges.

As permissive as Florida’s law is, it is not a proverbial ace in the hole against charges that involve any altercation, and Illinois’ law is less permissive still. Here, we will take a look at what kind of chances Liltony M. Van would have with a self-defense plea.

Everybody knows a defendant can invoke a claim of self-defense to defend against charges of murder, manslaughter, or other violent crimes that result in injury or death to another person. What you may not know is that a claim of imperfect self-defense can reduce a murder charge from first-degree to second-degree.

Illinois Imperfect Self-DefensID-10082528e

Under Illinois law, a homicide qualifies as second-degree murder if the defendant can show he acted under a sudden and intense passion due to provocation by the victim, or he actually, but unreasonably, believed he was acting in self-defense. This is know as imperfect self-defense. Imperfect self-defense is an affirmative defense, which means the defendant carries the burden of proof. If the defendant can successfully prove one of those factors existed at the commission of the crime, then the jury may find the defendant guilty of second-degree murder, rather than first-degree murder.

A defendant cannot be charged with attempted second-degree murder; he can only be found guilty of second-degree murder by proving the existence of one of the two mitigating factors. A charge of second-degree murder includes all of the elements of first degree murder: the defendant must have intentionally planned to kill the victim, or he knew there was a strong probability his actions would result in causing the victim great bodily harm or death. It is then up to the defendant to convince the jury he was either in a blind rage due to the victim’s actions (also known as the “heat of passion” defense), or he believed, however unreasonably, that his life was in jeopardy.

Here is one example of how imperfect self-defense would apply. An individual suffering from a mental illness that causes paranoia or delusions may plead imperfect self-defense if he actually, though unreasonably, believed the victim was about to cause him great bodily harm or death. In that case, the defendant believed his use of force against the victim was justified, even if, from an objective viewpoint, it was not.

Imperfect self-defense may also arise in cases of murder that occurred in the heat of passion. For example, a wife who walks in on her husband and his lover flies into a rage, grabs a gun in her nightstand drawer, and shoots them both dead. The wife knew her actions were likely to cause the death of her husband and his lover (she may even have intended it), but she was in such a blind rage due to his betrayal that she could not control herself. In this case, the defense could argue the charge be reduced to second-degree murder.  Continue reading

Contact Information