Legal Question in Criminal Law in California
attempted murder
back to the same question, what if
the aggressor did not recieve life
threatening wounds??? and the
other received maiming wounds ????
Where's the justice here
1 Answer from Attorneys
Re: attempted murder
[For the benefit of other users, the question refers to a previous one which can be found at http://www.lawguru.com/cgi/bbs/mesg.cgi?i=106372758.]
A charge of attempted murder does not require life threatening wounds. In fact, it doesn't require any wounds at all. If I unjustifiably try to kill you with a gun and I miss, I'm guilty of attempted murder even though you didn't get a scratch.
That the target ended up with serious injuries does not settle the matter. If the attacker originally was not trying to seriously injure him but then escalated his level of force in order to defend himself against the unreasonable force the target was using in self-defense then his actions were justified. He could still be charged for the original attack, but if it was going to be relatively minor prosecutors likely wouldn't bother.
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