So lets say a "person " picked a fight.Swung first and in return one of the persons grabbed a knife and puctured the "person" in his upper torso.Now the the person is in county jail and has a 2nd court date?What is going to happen and is there any thing I can do to help this person?This is his 1st offense.Please help,I need all the positive feedback possible.Thx and god bless.
2007-02-01 03:49:05 · 5 answers · asked by Butterflied 3 in Politics & Government ➔ Law & Ethics
So lets say a "person " picked a fight.Swung first and in return one of the persons grabbed a knife and puctured the "person" in his upper torso.Now the the person is in county jail and has a 2nd court date?What is going to happen and is there any thing I can do to help this person?This is his 1st offense.Please help,I need all the positive feedback possible.Thx and god bless.
in addition there was a previos altercation before .The person i am speakin about you had the knife ran into a house and grabbed and knife...as well the person is someone who trys to be stand up and protect all of his friends.Previously there was a time when a fight w/car loads of people was brought to the same location and "the person in jail "protected others and was not at fault.But in return the person who picked this fight was upset that "his" weedman was no longer with him and blamed it on "the person in jail"(previously)
So there is a grudge..I dont know what to do but pray and stress
2007-02-01 05:05:00 · update #1
So, let me make sure I have this straight.
Person A picks a fight with Person B.
Person A swings at Person B.
Person B retaliates with a knife.
Person A is in the hospital, Person B is in jail.
If the knife that Person B carried was not a pocket knife, but was instead a dagger or weapon designed for stabbing rather than utility, there's not a lot he can do to get out of jail/prison time. That being said, there are extenuating circumstances (self-defense), but again, there's a problem: The usual self-defense laws, when they apply, have to do with "equivalent force." Someone punches you, you punch back. If someone punches you and you shoot them, then usually you're in deep doodie.
If you really want to help, tell person B's lawyer. Do all that you can, legally, to make sure the world knows Person B is a good person. If you're asked to testify, tell the truth.
If person B is smart, and if the DA will hear it, he'll plead down to a misdemeanor assault charge, or a weapons charge, or something that won't count as a felony and may only require probation and/or a fine.
2007-02-01 03:59:24 · answer #1 · answered by Brian L 7 · 1⤊ 0⤋
there is some missing information.
so, the suspected batterer just happened to have a knife on his person, which he conveniently used in self-defense?
Nevertheless, self-defense will not stand scrutiny when lethal force is used in response to non-lethal threats. An exception can be made when the person who initializes an altercation is 6'5" tall, weighing 350 lbs, and the person who responds in self-defense is only 5'2" weighing 120 lbs.
Also, are there any mitigating factors... were drugs or alcohol involved? Did this happen in a public place? Did the two parties know each other? Was there a previous history between the two? Did the person who initialized the altercation previously threaten the second person with death or serious bodily harm? If so, the second person might have a defense. He will have to show that, objectively, he reasonably feared for his life.
As far as what you can do for him, short of posting bail and retaining a lawyer, visit him and get more facts.
2007-02-01 12:31:56 · answer #2 · answered by Jack Chedeville 6 · 0⤊ 0⤋
They key is the witness accounts. Who started the fight. You said the other person threw the first punch but what happened before that, who started the arguement. Was the other guy bigger then your friend, was your friend losing the fight? It comes down to was it self defense or if your friend was taking the next step to win the fight.
The actual crime is Assault with a Deadly Weapon and he could get up to 2 years in most states. However he could plead out and possible get probation, probation with maybe 30 days in jail. It varies so much. If you saw what happened the best thing you could do for your friend is be a good witness.
2007-02-01 12:24:11 · answer #3 · answered by Rob S 2 · 1⤊ 0⤋
To respond saying it "depends where the knife came from" is inaccurate.
It doesn't matter where the knife came from but that it was, in fact, used.
The question is did the use of the knife come into play as an instrument used while in "fear of life."
Secondly, before you answer if you were "in fear of life" you must also answer if there was the means and ability to "retreat" from the threat.
These are questions that will certainly arise in court.
My suggestion if that you obtain the services of an attorney to represent your best interests!
Best wishes!
2007-02-01 12:03:27 · answer #4 · answered by KC V ™ 7 · 1⤊ 0⤋
i would say it depends on where the knife came from ... if this "person" carried the knife with him they could make it seem as if he had planned to get in a fight and use it ... i would say he may get some jailtime out of that one .. and get a good lawyer if u can afford it ..
2007-02-01 11:54:04 · answer #5 · answered by Anonymous · 0⤊ 1⤋