Category Archives for Violent Crimes

Assault with Stun Gun or Less Lethal Weapon

Assault with Stun Gun or Less Lethal Weapon

Assault with Stun Gun or Less Lethal Weapon while not as harsh as assault with a deadly weapon, can still get you into some serious trouble.In order to be charged with Assault with Stun Gun or Less Lethal Weapon the prosecutor has to prove 4/5 things. 1. that you acted with a stun gunAssault with Stun Gun or Less Lethal Weapon or less lethal weapon. 2. You did so willingly. 3. When you acted, you were aware that a reasonable person person would understand what would happen if you were to use the tool on someone else. 4. When you acted, you had the ability to apply force with a stun gun or less lethal weapon. 5. You did not act in self defense or defend another person.  A stun gun is a tool that is used as an offensive or defensive weapon used to immobilize someone by inflicting an electrical charge on them. A less lethal weapon is a tool that is used to incapacitate, immobile, or stun a person through non-lethal impairment of physical condition, function or senses. These can include physical pain or discomfort. Although you may think that a long term injury can be caused by mainly lethal weapon such as deep wounds or stitches. A non lethal weapon can inflict lasting or permanent physical pain, discomfort, or disability. Application of force and apply force means to touch in a harmful or offensive way. The slightest touch can be enough if it is done in a rude or angry fashion. Indirect touching also falls under this category. So this means touching through clothes is enough. The other type of indirect touching includes the use or means through something/someone else. These touches don’t have to even cause pain or injury of any kind.

If you or someone you know was charged with Assault with Stun Gun or Less Lethal Weapon, its important to know that you need to get in touch with an attorney and know you can fight this case.

Homicide in the Heat of Passion

Homicide in the Heat of Passion

Homicide in the heat of passion can happen at any time and will affect you and everyone around you. Homicide in the Heat of Passion is: you are not guilty of murder/manslaughter if you killed someone by accident while acting in the heat of passion. Such a killing is excused and not unlawful if at the time of the killing 1. You acted in the heat of passion. 2. You were suddenly provoked or drawn into combat. 3. you did not take undue advantage of the victim. 4. You did not use a dangerous weapon. 5. You did not kill the victim in a cruel or unusual way. 6. You did not mean to kill the victim and did not act with disregard of the danger to his/her life. and 7. You did not act with criminal negligenceHomicide in the heat of passion. An Example of a case where someone would act with passion not with judgement is if you found your spouse in bed with another person. Although the heat of passion does not need anger, rage or a specific emotion. It can be any violent or intense emotion without thinking. In order for the killing to be excused sufficient provocation must be met. In the above example if the other person your spouse was with, taunted you saying that you weren’t good enough and acted in a violent way, it may count as sufficient provocation. In order to say whether you acted within conduct will be decided by the judge or jury. It must be enough for an average person to react in the same way. Although it may be hard, Homicide in the heat of passion still deals with criminal negligence. If you act in a way that creates a high risk of death or great bodily injury while a reasonable person would have known that acting that way would create that risk, then you were under criminal negligence. Example if you killed someone by beating him to death with your fists, however if you fought by the window intentionally then that is criminal negligence.

If you or someone you know committed a homicide in the heat of passion, have an attorney read your case and represent you.

Self Defense And Defense of Another

Self Defense And Defense of Another

We all have the right to self defense. It is important to know that you have the right to use forceself defense to protect yourself or another person from harm. However you can’t just go punch a person just because someone suspicious gets close to you. In order to be entitled to use self defense there are three conditions that has to be met. 1. You or someone else was in immediate danger of suffering a physical injury or was in danger of being touched unlawfully. 2. You believed that it was necessary to use force to defend against said danger. and 3. that you used no more force than reasonably necessary to defend against that danger. Being suspicious isn’t a good enough reason. Although it may be impulse, you can’t act until there is immediate danger. So someone trailing behind you might not be enough of a good reason to act. However this works on a case by case basis. If the person following you was someone you knew was dangerous and trailed you for a reasonable amount of time the jury may believe that your suspicious were reasonable.

What is a reasonable cause?

The most recognizable time where its okay to use force for self defense is when there is immediate danger. However you are allowed to use self defense before the actual harm occurs. This is typically through rumors and/or information you received. Its okay to use self defense even if the rumor/information is not true. It just has to be believable and reasonable. For example if there was a well known child molester that was following a child, and he had a history of  threatening other children in the past and was a repeat offender. Although he didn’t present an immediate danger, it would be reasonable if a person who heard those rumors (truth or not) to use force on him.

Attempt Other than Murder

Attempt Other than Murderattempt

Attempt is part of a stage in doing a crime. In most if not all crimes there are three stages. The planning/preparation step. This is the time where a person plans out his crime and how he/she is going to go through with it. the third part of it is the actual attempt of the crime. If said attempt is successful then the crime is committed to say. However if an outside interference stopped the attempt then that’s where the prosecutors will charge him/her at. Legally an attempt is 1. a direct but ineffective step towards committing a crime. 2. That there was intent to commit the said crime.  A direct step requires more than just planning or preparing for the crime. Direct step for example would be trying to rob a woman by trying to take her purse, however a bystander was nearby to help her out. Although the crime is robbery, it would be categorized as attempted robbery since the action was unsuccessful. However this only applies to interference that applies to outside forces such as other people. This does not work if a person chooses to abandon his/her attempt midway. He/she will still be charged with attempt since there was already the first step. If the robber decided to not go through with his plan then he will not be charged with attempted robbery. . In some case, even if the crime is completed successfully, the prosecutors may still charge you with attempt.

Punishments for Attempt Other than Murder

The punishments will always be related to what crime was done. For example attempted petty theft will have less punishments than attempted battery.  However a lot of attempt cases are usually wobblers. Which means depending on the crime can be charged as either a misdemeanor or a felony.

If you were charged with an attempted crime, get in touch with an attorney to represent you.

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