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4 Answers
- 8 years agoFavorite Answer
Yes, you can claim self defence, but you would still be found guilty of murder since they weren't attacking you at the moment you killed them.
Source(s): Autistic fact retention abilities. - Anonymous8 years ago
You can claim it, whether the courts will see it that way depends on witnesses etc. A general rule is to only use an equal or lesser amount of force than your attacker. As the person is walking away, they are using 0 force against you, so you can't legally use any force against them.
Source(s): http://guidetoselfdefense.blogspot.com.au/ - ?Lv 68 years ago
If you are not in or a reasonable person would not think they are in IMMINENT danger of severe injury or death, you have NO right for lethal self defense.
- ?Lv 78 years ago
Sure.....right up until they fire up " 'Ole Sparky" and roast your @$$ in the electric chair!