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a gang of ppl tried to assualt another group of ppl i will call group 1 and group 2, group 2 they were near their home and group 1 were armed with bats hammers etc group 1 tried to assault group 2 but a person from group one got severely hurt and group 2 are getting charged with attemted murder? how can this be when group 2 come to assault them but instead of group 2 being hurt one of the members of group one who come to assault have been hurt, and police charged group 2 party with attempted murder?

2007-08-19 01:21:05 · 7 answers · asked by dappa d 2 in Politics & Government Law Enforcement & Police

for those of you want to know more group one were near their house group one have countlessly told the police about group 2 threatening them police did not do anything, group 2 are a well known gang and group 2 were the ones who got hurt but they were the ones looking to fight

2007-08-19 01:42:06 · update #1

another factor is that group 1 is not a gang but a family of three brothers if that helps can you call that a gang?

2007-08-19 02:54:30 · update #2

7 answers

well if "group one" was near their home and "group two" came by , and a fight progressed group one could claim self defense as a motive of their actions and since group two injured one of them they have all ready proved "Actus rea" that the accused committed a crime in harming another person.

what they are claiming is attempted murder so they have to prove that the accused had "mens rea" or intent to commit the crime, i am not sure what you need to do to prove them to the contrary since i am unaware of your situation.

2007-08-19 01:33:09 · answer #1 · answered by Anonymous · 0 0

Yes, they can still be charged with attempted murder. When the matter goes to trial, a defence should be avilable such as self-defence. Of course, this all depends on a variety of factors, most importantly jurisdiction.

2007-08-19 08:32:16 · answer #2 · answered by Polifia? 4 · 0 0

group 2 - can be charged with attempted murder. They will have to prove they were trying to defend themselves.

I would think group 1 could also be charged with that.

2007-08-19 10:27:55 · answer #3 · answered by Anonymous · 0 0

Sounds like gang violence. In that case it doesn't matter who started it. Someone got injured? It's the other gangs fault.

2007-08-19 08:31:58 · answer #4 · answered by Anonymous · 0 0

That will be sorted out in court and their attorney will plead self defense. Hopefully it can be proven.
Unfortunately, expensive.
The next step would be to sue the other parties and try to recover the expenses. If they have any assets.

2007-08-19 08:33:09 · answer #5 · answered by ed 7 · 0 0

Maybye the police and the prosecuting attorney don't have as clear of a picture of it as you and I...

2007-08-19 09:49:29 · answer #6 · answered by Anonymous · 0 0

if your in a gang you deserve what you get.

2007-08-19 18:00:01 · answer #7 · answered by its me 6 · 0 0

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