I would think that if you shoot someone, it's gonna definitely be looked at as you trying to kill them.
If you push slowly forward at 5 mph though a mob that has set upon your vehicle with violent intent, whose fault is it when one of them meshes with the tread?
I think that any reasonable person would conclude that you were in fear, but were not trying to kill anyone if moving slowly but steadily away from the crowd in your vehicle.
Screeching away at full throttle while flipping the bird and laughing probably isn't the best idea though.