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Re: Florida road rager takes out motorcyclists
Posted: Mon Jun 06, 2016 4:58 pm
by Charles L. Cotton
That may be a big mistake. Aggravated assault with a deadly weapon would seem to be more appropriate. I'm not sure the prosecutor will be able to prove the elements of murder.
Chas.
Re: Florida road rager takes out motorcyclists
Posted: Mon Jun 06, 2016 7:59 pm
by ScottDLS
Way back in 1985 I sat on a jury in North Carolina where a woman stabbed another 14 times with a kitchen knife in an altercation involving their mutual boyfriend. DA charged her with attempted murder. Shortly before deliberations started I got released as I was an alternate and it was clear nobody was going to keel over...
I hung around to see the verdict which came later that day. She ended up getting something to the effect of Aggravated Assault Causing Serious Bodily Injury. I guess it was a lesser included offense, because I didn't think the Attempted Murder intent was really there. I didn't get the instructions, but it looks like the regulars came to the same conclusion.
I do seem to remember that when George Zimmerman got charged with Murder in Florida that many legal experts said it was a mistake in that manslaughter is easier to prove.