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Attempt to Murder Charge

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bman2011

Junior Member
Almost the entire street neighbors saw it, including the 2 guys who came down to help take him down.

On Dec 31, 2008 this same guy was charged with theft from vehicle in Pennsylvania, he had some kind of restriction placed where he was not allowed to go far from his house in Pennsylvania. This stabbing incident occured about 2-3 hours from where he resides in. Does anyone know if this could increase his sentencing or further prolong it because of him going outside of how far he could go? Is this something I should bring up to the prosecutor?
 


CdwJava

Senior Member
He could face additional offenses for violating his probation, but it will not - by itself - make the offense for which he is currently charged any more or less serious.
 

CJane

Senior Member
Seriously OP. Find a counselor who can help you work through the trauma and find a better outlet than your need for retribution.
 

bman2011

Junior Member
I understand and I appreciate all the assistance I am getting. I will get help with this issue soon from a counselor, my surgeon has already referred me to one and urges me to go to one as soon as possible.

My last question is on the charges he is receiving from anyone's experience in this field: an estimate on how long he might be sentenced for with these charges in NJ and what the numbers in the parentheses mean:

2C: 12-1B(1) AGG ASSLT SBI
2C: 12-1B(1) AGG ASSLT SBI
2C: 12-1B(2) AGG ASSLT W/DW-BI
2C: 12-1B(2) AGG ASSLT W/DW-BI
2C: 12-3A THREATENS VIOLENCE
2C: 12-3A THREATENS VIOLENCE
2C: 39-5D UNLAW POSS WEAP-OTHER
2C: 39-4D WEAPON POSS UNLAW PURPOSE-OTHER

Thanks in advance.
 
What actually constitutes "attempted murder"? is there a specific area of the body one must shoot,stab,etc? I've read articles where someone who shot a person in the foot was charged with attempted murder. Come on now,,,,in the foot??
 

john39

Member
What actually constitutes "attempted murder"? is there a specific area of the body one must shoot,stab,etc? I've read articles where someone who shot a person in the foot was charged with attempted murder. Come on now,,,,in the foot??
There isn't.

In fact ,you could charge someone with attempted murder if she/he omitted to do something with the purpose of causing the death of the victim.In such case,the act of omission would constitute the substantial step in a course of a conduct planed to culminate in the death of the victim.Does one have specific intent "purpose" to murder is condition of mind,which can't be seen (yet,who knows that might change in the future) and that is why it is always determined by inference from conduct,acts or words.To furnish proof beyond reasonable doubt for this one always must use inference arising from the nature of the act and other "surrounding" circumstances.

So sure,you can charge someone with this crime even if he shot person in the foot,even if he shot and completely missed,because causing the death of the victim was within the design or contemplation to kill.
 

john39

Member
Hell,,,some sports involve some type of injuries from the oppossing player. incuding live theatening.
there has to be specific intent to murder.Whether someone has purpose to cause death to another is a question of fact,for you to decide.Because such purpose can not be seen (it is impossible to see what one thinks) it is always inferred by actions that occurred,words used etc.
 

CavemanLawyer

Senior Member
It varies by state of course but the fact is that attempted murder is almost universally a senseless way to charge someone with this type of assault. It greatly increases the State's burden of proof because they must prove that he had the specific intent to kill, and it usually does not increase the range of punishment, so what's the point?

Looking at New Jersey's statutes, it is on par with most other states. A charge of attempt to commit an offense is treated as one degree lower than the offense that was attempted to be performed. Murder is a first degree crime so attempted murder is going to be a second degree. The aggravated assault charges you listed are second degree crimes already and are much easier to prove than attempted murder. Unless there is some difference in how the parole laws apply, (I doubt it) it would never make sense to charge attempted murder with these fact.

Let the prosecutor do his/her job.
 

CJane

Senior Member
It varies by state of course but the fact is that attempted murder is almost universally a senseless way to charge someone with this type of assault. It greatly increases the State's burden of proof because they must prove that he had the specific intent to kill, and it usually does not increase the range of punishment, so what's the point?

Looking at New Jersey's statutes, it is on par with most other states. A charge of attempt to commit an offense is treated as one degree lower than the offense that was attempted to be performed. Murder is a first degree crime so attempted murder is going to be a second degree. The aggravated assault charges you listed are second degree crimes already and are much easier to prove than attempted murder. Unless there is some difference in how the parole laws apply, (I doubt it) it would never make sense to charge attempted murder with these fact.

Let the prosecutor do his/her job.
You know that's not what OP wants to hear, right?
 

CdwJava

Senior Member
I believe I said the same thing some time back ... though not nearly so eloquently as Caveman.

I see it quite often. You go with the charge you have staring you in the face. Over-reaching is a good way to risk losing an otherwise solid case.
 

bman2011

Junior Member
He has been offered a plea deal. The prosecutor is telling us the reason for most of the waiting is because he is still reviewing everything that has happened since supposedly he does not remember what he did and he needs a translator. Would a threat to kill the victim constitute anymore of a reason for anymore charges or was this charge already applied with this stature "2C: 12-3A THREATENS VIOLENCE"?
 

CdwJava

Senior Member
He has been offered a plea deal. The prosecutor is telling us the reason for most of the waiting is because he is still reviewing everything that has happened since supposedly he does not remember what he did and he needs a translator. Would a threat to kill the victim constitute anymore of a reason for anymore charges or was this charge already applied with this stature "2C: 12-3A THREATENS VIOLENCE"?
Here is the section:

2C:12-3. Terroristic threats.

a.A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

b.A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.​
It appears the threat to kill someone is already included in the offense.
 

bman2011

Junior Member
As a victim do we have the right to request a list of all evidence that has been gathered so far? This is for the purpose of adding more evidence in case all is not there.
 

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