what if you cut off 2 or 3 of their fingers?
(and they didn't die)
2007-04-14 06:49:01 · 15 answers · asked by yep 2 in Politics & Government ➔ Law Enforcement & Police
also, do you think you would have the option of going into a mental hospital instead of jail?
2007-04-14 06:56:43 · update #1
Depends on the circumstances, and depends on where it happened.
It is difficult to make a case for self defense when your opponent is unarmed.
In our state, you could be charged with attempted murder or aggrevated assault, both felonies. Showing intent to kill is usually a necessary element for attempt murder.
It's highly unlikely that an insanity plea would be allowed. It's very difficult to prove, and you generally must show that you did not understand the nature of what you were doing.
In some cases, jail time and mental health treatment are sentencing options, but jail is the norm with treatment during incarceration or following release.
2007-04-14 07:06:06 · answer #1 · answered by Thomas R 2 · 1⤊ 0⤋
You wouldn't necessarily be convicted of anything. To be convicted of any crime, you first have to be charged. then there is a series of court appearances, the biggest one (if you were prosecuted by the city, state, or whatever jurisdiction your in) would be a trial and for the possible charges that could come with it, it would more than likely be a jury trial. If you are found guilty, then you will have been convicted of a crime.
As to what charges could be filed against you, they will vary state to state. In most cases, you would be looking at a felony charge of assault in it's varying forms. These charges would be based on the circumstances that were behind the "stabbing". If this is something you have done and with only the information you have given, I would be able to push for felony battery charges. If you stab someone, it would be virtually impossible to cut off fingers unless we are talking about multiple stabs against this person which would tend to go beyond a self defense plea.
Without knowing any more detail than you are giving, I can't give a better answer.
A larger number of states do not accept the insanity plea so chances of playing crazy won't do any good.
2007-04-14 07:33:39 · answer #2 · answered by dadof7n2001 4 · 0⤊ 0⤋
In Canada you'd be charged with agravated assault (Art 267 of the Criminal Code of Canada) or assault causing bodily harm/with a weapon (Art. 266 of the Criminal Code of Canada).
The mental defence is only valid if you can prove that you couldn't formulate the criminal intent (Mens Rea) at the time of the crime for some reason. (Canadian court is very clear on what constitutes a valid insanity defence).
2007-04-15 19:08:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It would be felonious assault. Been there and done that but not convicted. Thrown out of court due to the other guy being a golden gloves boxer.
2007-04-14 06:54:15 · answer #4 · answered by Kevin A 6 · 0⤊ 0⤋
Felony Assault in the very least. It can carry up to ten years in the state of Ohio. If you hit an organ and it could have lead to death then it can be changed to Attempted Murder.
2007-04-15 05:32:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Aggravated Battery... A felony, at minimum.
Most likely Attempted Murder would be the initial charge.
2007-04-14 06:54:10 · answer #6 · answered by Dog Lover 7 · 1⤊ 0⤋
Assault in the First and Second Degree, Menacing, Harassment.
2007-04-14 06:57:15 · answer #7 · answered by zebj25 6 · 0⤊ 0⤋
eventhough a person might do it and not try to kill it would be either 1st 2nd or 3rd degree attemptive murder dumb if ya ask me
2007-04-14 09:26:07 · answer #8 · answered by matthew j 2 · 0⤊ 0⤋
If you survived your @ss-whuppin', you'd probably be charged with assault with a deadly weapon.
2007-04-14 07:19:44 · answer #9 · answered by scruffycat 7 · 0⤊ 0⤋
It all depends on where you live... I'm guessing aggravated assault/assault with a deadly weapon.
2007-04-14 06:55:54 · answer #10 · answered by ettelagguj 2 · 0⤊ 0⤋