WHAT IS 2 DEGREE MURDER?

YOUR AT A MCDONALDS AND A GROUP OF KIDS SHOOT YOUR CAR-UP YOU GET OUT AND SHOOT IN THE AIR BUT BECAUSE WITNESSES SEE YOU SHOOT IN THE AIR YOUR BLAMED WITH 2ND DEGREE MURDER. ALL THOUGH YOUR GUN DIDN'T KILL THE PERSON.

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  • Josa
    Lv 6
    1 decade ago
    Favorite Answer

    Hi, No one was killed or injured so a charge of murder would not be considered in this situation...it does not apply. However, assault with a deadly weapon does. You do not have to assault anyone with the weapon to get charged with an assault. Displaying a weapon in a threatening manner constitutes assault even though the kids shot up your car. Two wrongs do not make a right and you had no reason to display your weapon because you did not feel that your life was in eminent danger.

    You could get charged with the assault, possession of a firearm, discharging a firearm in city limits, etc. JOSA

  • Possum
    Lv 6
    1 decade ago

    2nd degree murder is killing a person without premeditation. It means you didn't go to the person with a prior plans to kill them.

    This is a unique case. If you shot back in defense then you shouldn't be charged with the shooting, depending on the events that led up to the shooting. If you shot in the air you are responsible for your bullet.

    You can be charged with murder if you were with the person that killed someone. Even if you didn't directly shoot them you are guilty by association.

  • Ed
    Lv 4
    1 decade ago

    you can't be charged with murder if you didn't kill anyone. You can be charged with attempted murder but in this case it would obviously be a defense that you were protecting yourself and were shot at first. Second degree murder is murder either committed during the course of a felony or murder that was done "in the heat of the moment" and was therefore not premeditated.

  • 2nd degree murder means murder without premeditation. It's still murder, but not pre-planned murder.

    You are not charged with any type of murder if your gun didn't' kill anyone, that doesn't make sense

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  • 1 decade ago

    If you're involved in a felony and someone dies, you may be charged with murder in my state. You don't have to be the direct cause.

  • 1 decade ago

    If no one died, then there cannot be murder in any degree.

  • WRG
    Lv 7
    1 decade ago

    Who got shot? Shooting into the air is negligence. If someone dies from that negligence it is negligent homicide.

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