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Old 09-25-2007, 10:10 AM   #261
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Quote:
Originally Posted by Lilmckee View Post
which way?
Well if the kick in the head was INTENTIONAL to CAUSE a RESULT OF DEATH, then I would warrant attempted murder, however, the injuries didn't result in a life/death situation so battery is where i'm laying this pipe (that sounded bad).
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Old 09-25-2007, 10:14 AM   #262
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Quote:
Originally Posted by CaJuNsOuLjA View Post
Were that the case, then people would be charged with deadly force for using fists. THAT, however, isn't the case, hence, we usually see charges such as Assault and Battery, Aggravated Assault, etc...keep trying!
We're not talking about fists. We're talking about kicking someone in the head - which fits the description that YOU gave for deadly force. You want to talk about fists? Punching someone in the throat is deadly force. There's a 'fist' example.

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And you're entitled to your opinion but obviously I was speaking in terms of making a valid argument in the court of law...you'd have failed to do so, but DO keep presenting your opinion, it's funny...
So somehow your opinion on what a 'valid argument in the court of law' would be carries more weight than my opinion in question? Now that's funny.

It seems that is starting to get to you. Take a chill, it's not that important.
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Old 09-25-2007, 10:18 AM   #263
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Quote:
Originally Posted by 1FastGSXR View Post
Well if the kick in the head was INTENTIONAL to CAUSE a RESULT OF DEATH, then I would warrant attempted murder, however, the injuries didn't result in a life/death situation so battery is where i'm laying this pipe (that sounded bad).
Just because it didn't result in death, doesn't mean it wasn't intended.

In my book they all should have attempted murder thrown at them, BUT
that would never work in court. So I'll say assault.


In my opinion you have 6 persons on one, actually BEATING him, not like a frat initiation or a bunch of bullies going to give a swirlie, but actually beating him
should warrant attempted murder. But as said before kind of hard to prove.
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Old 09-25-2007, 10:24 AM   #264
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I am really wondering why this is such an issue. 6:1 is one of the larger issues here. Had the white kid had a gun the race baiters would be trying to get this kid a death sentence instead.
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Old 09-25-2007, 10:24 AM   #265
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Quote:
Originally Posted by Lilmckee View Post
Just because it didn't result in death, doesn't mean it wasn't intended.

In my book they all should have attempted murder thrown at them, BUT
that would never work in court. So I'll say assault.


In my opinion you have 6 persons on one, actually BEATING him, not like a frat initiation or a bunch of bullies going to give a swirlie, but actually beating him
should warrant attempted murder. But as said before kind of hard to prove.
Well if it resulted in death we'd be talking about MURDER not ATTEMPTED MURDER, but it didn't AND the kid was NOT SERIOUSLY INJURED, otherwise he wouldn't have made it to that school function the SAME NIGHT.

6 on 1 sucks, but the injuries sustained just DID NOT EQUATE to a ATTEMPTED MURDER CHARGE, had the kid had any broken bones or injuries of serious or long term consequences then fine, but he didn't so it's bullshit!

A good case in point is my case, i basically assaulted someone with a deadly weapon, but AS PER THE DA, since there were "no serious injury, no broken skin or bones" they were MORE THAN WILLING to plea me down to a misdemeanor assault, that fit the situation!

These kids aren't getting ANY PLEAS just CHARGES and TRIALS BASED ON ATTEMPTED MURDER, the DA ISN'T OFFERING ANY LESSOR CHARGES.
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Old 09-25-2007, 10:28 AM   #266
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Quote:
Originally Posted by 1FastGSXR View Post
Well if it resulted in death we'd be talking about MURDER not ATTEMPTED MURDER, but it didn't AND the kid was NOT SERIOUSLY INJURED, otherwise he wouldn't have made it to that school function the SAME NIGHT.

6 on 1 sucks, but the injuries sustained just DID NOT EQUATE to a ATTEMPTED MURDER CHARGE, had the kid had any broken bones or injuries of serious or long term consequences then fine, but he didn't so it's bullshit!

A good case in point is my case, i basically assaulted someone with a deadly weapon, but AS PER THE DA, since there were "no serious injury, no broken skin or bones" they were MORE THAN WILLING to plea me down to a misdemeanor assault, that fit the situation!

These kids aren't getting ANY PLEAS just CHARGES and TRIALS BASED ON ATTEMPTED MURDER, the DA ISN'T OFFERING ANY LESSOR CHARGES.

Well, I've already said that the attempted murder charge was too much.

Your situation is a perfect example of what they do. They charge with a higher crime only to let you plead it down. It gives the appearance that they're cutting you a 'deal'. They know that it's to defend yourself and will probably take the 'deal'.

I have my personal examples of this too (just cleared one of them up). I was innocent but still couldn't afford to fight it. those bastards!
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Old 09-25-2007, 10:32 AM   #267
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Quote:
Originally Posted by 1FastGSXR View Post

6 on 1 sucks, but the injuries sustained just DID NOT EQUATE to a ATTEMPTED MURDER CHARGE, had the kid had any broken bones or injuries of serious or long term consequences then fine, but he didn't so it's bullshit!
Injury has nothing to do with whether or not it was attempted murder.

Intent is what makes it attempted.


Just as if I were to shoot a cop wearing a bullet proof vest.

He had no injuries, but I had the intent to kill him.

Therefore it's attempted murder.


I don't know about you but I rather be shot once then brutally beat by 6 men.
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Old 09-25-2007, 10:34 AM   #268
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Quote:
Originally Posted by denhou1974 View Post
Well, I've already said that the attempted murder charge was too much.

Your situation is a perfect example of what they do. They charge with a higher crime only to let you plead it down. It gives the appearance that they're cutting you a 'deal'. They know that it's to defend yourself and will probably take the 'deal'.

I have my personal examples of this too (just cleared one of them up). I was innocent but still couldn't afford to fight it. those bastards!
See I took the deal too! I coulda fought it in court, but i'd risk be found guilty cause I did hit the

My only problem with this one is that a PLEA IS NOT BEING OFFERED ACCORDING TO THE DA, even though the victum WASN'T SERIOUSLY INJURED.
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Old 09-25-2007, 10:35 AM   #269
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did cops or someone else show up to break up the fight? or did they choose on their own to stop beating on him? if it was the first case, how much longer of a beating would it have taken for the resulting injuries to become severe enough to warrant attempted murder? :dontknow:
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Old 09-25-2007, 10:37 AM   #270
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Originally Posted by wever411 View Post
did cops or someone else show up to break up the fight? or did they choose on their own to stop beating on him? if it was the first case, how much longer of a beating would it have taken for the resulting injuries to become severe enough to warrant attempted murder? :dontknow:
It was at school. I am sure somebody broke it up.
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Old 09-25-2007, 10:39 AM   #271
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Quote:
Originally Posted by Lilmckee View Post
Injury has nothing to do with whether or not it was attempted murder.

Intent is what makes it attempted.
Injury has EVERYTHING TO DO WITH IT, just like it did in my case!!! THe seriousness of his injuries DID NOT EQUATE TO ATTEMPTED MURDER, his LIFE STATUS was NOT THREATENED.
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Old 09-25-2007, 10:40 AM   #272
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Quote:
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did cops or someone else show up to break up the fight? or did they choose on their own to stop beating on him? if it was the first case, how much longer of a beating would it have taken for the resulting injuries to become severe enough to warrant attempted murder? :dontknow:
oooo good point

I know he was unconscious, so they could of stopped because they thought he was dead


or.....stopped cause they didnt want to kill him!





I really shouldn't belong in this arguement

cause in the back of my mind im thinking "Kill them all let sort them out"
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Old 09-25-2007, 10:41 AM   #273
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Originally Posted by 1FastGSXR View Post
Injury has EVERYTHING TO DO WITH IT, just like it did in my case!!! THe seriousness of his injuries DID NOT EQUATE TO ATTEMPTED MURDER, his LIFE STATUS was NOT THREATENED.
I have been hit in the head more then enough to know it is life threatening.
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Old 09-25-2007, 10:43 AM   #274
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Quote:
Originally Posted by wever411 View Post
did cops or someone else show up to break up the fight? or did they choose on their own to stop beating on him? if it was the first case, how much longer of a beating would it have taken for the resulting injuries to become severe enough to warrant attempted murder? :dontknow:
Other kids WATCHING the fight stopped.

And don't get me wrong they beat the boy up they deserve some form of punishment, but ATTEMPTED MURDER is just too FAR.

As far as the beating being enough to warrant attempted murder, i'm gonna keep saying IF THEY HAD INFLICTED SERIOUS INJURIES that would have RESULTED IN more than a 3hr stay at the hospital, and u NOT BEING able to go to a for some fun and games RIGHT AFTER THE fight then attempted murder would probably qualify.
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Old 09-25-2007, 10:44 AM   #275
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Quote:
Originally Posted by 1FastGSXR View Post
Injury has EVERYTHING TO DO WITH IT, just like it did in my case!!! THe seriousness of his injuries DID NOT EQUATE TO ATTEMPTED MURDER, his LIFE STATUS was NOT THREATENED.
Attempted Murder = Trying to murder someone


Look say you shot at me and it missed. I receive no injuries.
Should that not be attempted murder?
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Old 09-25-2007, 10:44 AM   #276
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oooo good point

I know he was unconscious, so they could of stopped because they thought he was dead


or.....stopped cause they didnt want to kill him!





I really shouldn't belong in this arguement

cause in the back of my mind im thinking "Kill them all let sort them out"

I am thinking all of these kids are lucky because jail is the last place you want to be a as a young black male who just beat the out of a white kid in small town LA.
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Old 09-25-2007, 10:45 AM   #277
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Quote:
Originally Posted by Lilmckee View Post
oooo good point

I know he was unconscious, so they could of stopped because they thought he was dead


or.....stopped cause they didnt want to kill him!





I really shouldn't belong in this arguement

cause in the back of my mind im thinking "Kill them all let sort them out"
none of us were there and none of us knows what was in those boys' heads. if it was broken up a few more minutes later it could have been a straight forward murder charge. who knows.
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Old 09-25-2007, 10:45 AM   #278
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Originally Posted by 1FastGSXR View Post
Other kids WATCHING the fight stopped.

And don't get me wrong they beat the boy up they deserve some form of punishment, but ATTEMPTED MURDER is just too FAR.

As far as the beating being enough to warrant attempted murder, i'm gonna keep saying IF THEY HAD INFLICTED SERIOUS INJURIES that would have RESULTED IN more than a 3hr stay at the hospital, and u NOT BEING able to go to a for some fun and games RIGHT AFTER THE fight then attempted murder would probably qualify.
The result of ones actions would not exactly change what they are initially charging you with. This is why there is due process.
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Old 09-25-2007, 10:46 AM   #279
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Quote:
Originally Posted by Moody View Post
I have been hit in the head more then enough to know it is life threatening.
And I'm sure the medical professionals that tended to him during that 3hr visit to the ER, have seen minor to SEVERE LIFE THREATENING injuries inflicted as well, and if they didn't deem it necessary to use any extensive medical treatment to treat this kid, then u have to deduct from that that he was in NO WAY SERIOUSLY INJURED, hurt but not SERIOUSLY INJURY.

Hurt= battary, assault
Serious injuryed= attempted murder
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Old 09-25-2007, 10:46 AM   #280
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Quote:
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none of us were there and none of us knows what was in those boys' heads. if it was broken up a few more minutes later it could have been a straight forward murder charge. who knows.
exactly
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