A close friend was stabbed twice last night..one in the abdomen nearly killing him the other on his left side. The charge for this should be?
2006-12-10 06:11:07 · 5 answers · asked by royale_brat 2 in Politics & Government ➔ Law & Ethics
I'm more concerned w/ the fine line that separates the two. This person has already signed a confession and recorded a confession and is being charged w/ 1st degree assault,even though this almost killed my friend? If this is in fact correct..our system is more screwed up than I thought!
2006-12-10 06:18:24 · update #1
The charge is not up to you or your friend. The charge will be determined by the District Attorney in your state.
If the victim wants to file cilvl suit the he may do that in addition to what ever the state does.
In any case you have presented one side of a story. And since this is the US innocent until proven guilty by a court of law.
I. A person is guilty of a class A felony if he:
(a) Purposely causes serious bodily injury to another; or
(b) Purposely or knowingly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g; or
(c) Purposely or knowingly causes injury to another resulting in miscarriage or stillbirth; or
(d) Knowingly or recklessly causes serious bodily injury to a person under 13 years of age.
II. In this section:
(a) ""Miscarriage'' means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus; and
(b) ""Stillbirth'' means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
(the above is what most states follow check yours for variences)
MURDER, ATTEMPTED - In order for a person to be found guilty of attempted murder the government must prove:
First, acting deliberately and intentionally or recklessly with extreme disregard for human life, the person attempted to kill someone; and the person did something that was a substantial step toward committing the crime.
2006-12-10 06:27:28 · answer #1 · answered by Smurfetta 7 · 0⤊ 0⤋
It is a state offense, if I knew what state you lived in, I could give you a site. But the first responder was right, the 1st Assault charge is less than the Attempted Murder charge. The person who did the crime probably is being charged for the lesser offense because of his willingness to come forward. But don't fear yet, he has not been arraigned in court yet, then there is no guarantee that the current charge will remain. He may end up getting Attempted Murder.
2006-12-10 06:23:39 · answer #2 · answered by lyquidskye 2 · 0⤊ 2⤋
It's called AGGRAVATED ASSAULT with a deadly weapon, or 1st Degree Assault.
There is not much difference in the two charges, but not knowing more of the details surrounding the incident, it is difficult to decide how the police arrived at their charge of 1st degree assault.
What, and Who caused the altercation? This is essential to know, and would have direct bearing on the charge, too.
2006-12-10 06:26:12 · answer #3 · answered by Len_NJ 3 · 0⤊ 1⤋
Check Federal and State criminal statutes, but lst degree assault is a lesser charge than attempted murder.
2006-12-10 06:13:07 · answer #4 · answered by Reba K 6 · 0⤊ 0⤋
I think it depends on if the criminial had the intent to kill or just to harm the victim.
2006-12-10 06:20:31 · answer #5 · answered by Hot Pants 5 · 0⤊ 1⤋