Can cutting somebody else's arm with a knife or cutting somebody else's thumb ba

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  1. profile image47
    Cynthialbbposted 7 years ago

    Can cutting somebody else's arm with a knife or cutting somebody else's thumb badly with a knife...

    lead to a conviction for attempted murder?  A friend of mine was jumped by 2 guys first, and when he came to and cut one's arm and another person's thumb with a knife, the d.a. told him if he didn't take a 38 year plea bargain sentence for that assault he would face 2 counts of attempted murder.  He took the plea bargain out of fear of getting up to 96 years for attempted murder, and has been in prison for 10 years now.  I wonder if there is a way to get this case reopened and get him out because he really shouldn't be in prison.

  2. profile image0
    Old Empresarioposted 7 years ago

    It sounds like your friend never consulted a lawyer on his own behalf. You should consult a lawyer immediately and start an appeals process.

  3. Patty Inglish, MS profile image93
    Patty Inglish, MSposted 7 years ago

    >>My first question is to ask the Public Defender or whoever your friend's attrorney was, why a defense of Self Defense was not used in the case, if your friend was really attacked without provocation.

    As your question is phrased, it sounds a lot as though the DA tricked your friend into accepting a lesser charge in order to receive another conviction for his record in office??  Or did your friend have a previous criminal record?

    Was your friend Miranda'd? Did he have an attorney -- who was the defense attorney? - call that attorney and discuss the case with him/her. If the friend turned down a public defender, he may have no course of action at this time; I don't know. Call the local public defender's office and ask. 

    Alternatively - Law colleges often have a class in which students and the college ask that cases be reopened, but these are very often murder cases. Call your local law schools and ask.

  4. profile image47
    Cynthialbbposted 7 years ago

    Thanks for the replies so far.  I don't know the answers to all of the questions from Patty, but I do know that he had never been in trouble before this and was a stranger in town and the other people, the ones who started it, had friends there to lie for them.  He was raised in the country and I don't think he had much of an education, although he can read and write.  I had the feeling personally that he was either blackmailed or tricked into the plea bargain by the d,a, because it seems like a very trumped up charge to go from that type of injuries to 2 attempted murders.  I will discuss this with him as soon as possible.

  5. lawdoctorlee profile image87
    lawdoctorleeposted 6 years ago

    My advice to you is to contact a criminal civil rights attorney in the state where your friend lives.  The attorney can help determine if your friend's' civil rights have been violated and what the remedy would be, if any.  It sounds crazy to me that any D.A. would plea bargain for a 38-year sentence.  It seems extreme for an assault.

 
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