<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by robynz:
Someone I know is on parole and committed a vilent crime- stabbed someone- the person that was stabbed is not dead or dying. This is his second criminal offense(first one was armed robery) this time it was not armed robery. They were both drunk and had a fight. How long can he go to jail for? What other alternatives does he have? It wasn't planned beforehand it was a heat of the moment situation.
[This message has been edited by robynz (edited September 21, 2000).]<HR></BLOCKQUOTE>
My response:
I am thoroughly empathetic to the situation, Robin. I can fully understand that heat-of-the-moment situations can cause a reaction requiring a stabbing. We've all been there, and needed to stab someone, perhaps more, when things don't go our way. It's a perfectly understandable response to an outrageous situation. It's truly unfortunate that the vast majority of Americans don't carry a knife, or a gun, for those times when we need to lash out. I really wish those damn laws weren't on the books - - laws like Mayhem, Attempted Murder, and the like.
I have a friend in just this type of situation and it's unfair. All he was doing was trying to sell his car. The buyer gave my friend $100.00 less than my friend was asking, and wouldn't cough up the balance. Words were exchanged, a fight broke out, and as the guy was walking away, my friend was so upset that he pulled out his knife and went after the guy and stabbed him in the neck. A perfectly normal response. That guy should have paid the $100.00 balance, but just absolutely refused. So, I believe he caused the problem and deserved that kind of response . . . or worse!!
Now my friend is in Folsom Prison, and for what? What a waste. He's spending 7 years to Life for a "crime" that shouldn't be a crime, and was completely justified under the circumstances. Our prisons are filled with people like your friend and mine. We need the room for more serious offenders, and should rise up to fight against the "system", getting these rediculous laws off the books, and getting our loved ones back home where they belong.
But, what makes your friend's situation even more outrageous is the fact that your friend was drunk, and couldn't possibly have known that he was stabbing someone else. I think that would be a terrific defense to the charges. With that, I predict that, at worst, your friend will only get 30 days in jail, and at best, be let off with just a warning.
We have to stick together Robin, and combat these useless laws that keep us from freely going "on the offense" when we feel we are wronged. We need more respect in Society, and the only way to get it is to let everyone know that we are carrying a knife or gun, and are ready to protect ourselves at a moment's notice.
Good luck Robin, and it's going to be just fine.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited September 21, 2000).]
