how many years can a person get for an assault and battery charge with intent to kill if the one shot is ok?
362624
Each state has its own set of sentencing guidelines.\n\nAs to the other apart of your statement, the charge would stick, as long as the person lives...additional charges would be filed if should they die as a result of the action. And NO, the judge isn't going to lenient because you're a lousy shot!
789008
It is how long a person can be held accountable for their actions.\n\nIn civil tort, it is usually 1 year.\nFor criminal offenses it can range from 1 year to no statute which is only for murder.
364922
Most crimes, the only exceptions being very serious crimes like murder and rape, have what is called a statute of limitations associated with them.\n\nThe limits vary depending on the crime committed and the location, and there may be special exclusions in your area, but generally, charges would have to be brought within a year or two of the date on which the crime was committed.
1173040
I guess it would depend on the facts of the case. Involuntary manslaughter is usually the verdict if the death was some sort of an accident. I was at a Friends house one time, he was cleaning a gun that went off accidentally. It shot another friend of mine thru the leg, but it was an accident. Granted he wasn't practicing ideal firearm safety. If it was accidental the ten years would be enough. Hard to say not knowing the facts.
212019
It depends on what there charged with if its just  a felon having a gun its only a 3rd degree crime so up to 5 yrs but if theres additionl charges it can go up
52279
I will refer you to a jury instruction on self-defense.  It states the law in West Virgina in simple and clear term, and includes legal citations in support.\n\nThe central part is this:  \n\n"if the Defendant was not the aggressor, and had reasonable grounds to believe and actually did believe that he was in imminent danger of death or serious bodily harm from which he could save himself only by using deadly force against his assailant, then he had the right to employ deadly force in order to defend himself. By deadly force is meant force which is likely to cause death or serious bodily harm."\n\nBut there is more to it, and you should refer to the instruction.  It is not long.
100768
Since Michigan law has no minimum age for charging a child as an adult for murder, the maximum would likely be life. Non-violent crime, like the one Amy committed, does not apply, so she would likely not be charged at all, especially if she cooperates.
833296
They won't even go to trial!  The local DA will review the case after the department or State Police conducts an investigation.  Everything I have read shows that SHE shot first.  Whether she was 92 or 18, she shot first and the police responded with the same level of force.  Justified shoot with no legal recourse.  Local DA will go with whatever decision the investigating PD recommends.  Lesson learned for Grandma.....Don't bring a rusty wheel gun to a semi-automatic weapon firefight.
952922
That depends on the laws of whatever state you are in. To find out do a criminal law search for your state and then search for the stalking ordinance. For example in Illinois it can range anywhere from a class iv felony (1 - 3) years all the way up to a class ii felony (10 years +).
139327
If you're planning on doing it - don't!  This is premeditated murder and the prosecutors will figure it out. \n\nBut if you're just wondering, or too lazy to do your criminal law homework, then it depends on the intent.  \n\nIf the guy is sober, and intentionally runs over a child, that's straight-up murder.  He will be raped by cellmates, beaten to a pulp, and get the needle in 20 years.\n\nIf the guy was only distracted - talking/arguing on the cell, looking at map, officiating fights of his own kids in the backseat, attacked by his Chihuahua, shot by Dick Cheney, etc., then we're talking about lesser degrees of murder.  Probably vehicular manslaughter and about 10 years or less.  \n\nNow, if the guy is drunk and runs over a kid, he's up for drunk driving and vehicular manslaughter.  In some states, there are special laws that make the sentence especially harsh.  This is because being drunk actually takes away the "intentional" part of the murder, but people decided that drunk driving and killing people is no less culpable.  \n\nSo...\n\n1) DON'T DO IT!\n2) Let me know if your law professor liked the answer; or \n3) Still wanna be a lawyer?
688476
145 years not too much since has been many times. HIV come back positive u could be charge with attempted murder.  It does matter the victim is a child or not. If u killed someone after u raped someone u can face the death penalty.
923559
Assault and Battery is a criminal case.  The person that got injured may have taken that person to civil court to sue for doctor's bills, pain and suffering, etc.
32629
Depending on which state you reside in, and the extent of the injuries incurred on the victim, the punishment has a wide range, including but not limited to, jail time, payment of medical expenses and/or fines. In the State of Florida for example, Battery, ranges from a misdemeanor to a felony. Sentencing for Battery ranges from 1 year to life. Assault is a misdemeanor in the 2nd degree; Aggravated assault is the felony. Sentencing can range from 60 days for the 2nd degree misdemeanor to life for the felony.
120337
Assault and battery is a class 1 misdemeanor in Virginia, which receives not more than 12 months in prison.
88155
It depends on the State and what type of crime you were a victim of.  For example - if you were  victim of sexual assault - you may have more time - but if it was a simple assault - you may only have one year.  In your example above - they most likely have a year - but a prosecuter is going to wonder why if they wait long to report it.  May only have a civil case after too long
1043660
Someone convicted of second-degree manslaughter can face up to 2, 3, or 4 years in a state prison (according to California law, which isn't that much different from Oregon law).  Under federal law,  whoever is guilty of involuntary manslaughter, shall be fined or imprisoned not more than six years, or both.  I think the minimum is a fine; I'm not sure of the amount.\n\nSecond-degree manslaughter is also known as involuntary manslaughter, which is refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as DUI).\n\nCheck out http://public.findlaw.com/ for more law information.
922777
Well, you say that "he filed charges for battery." Do you mean a civil suit filed by him for battery, or did he have the state bring charges of assualt (criminal term encompassing civil term battery) against you?\n\nIn either instance, it will depend on either the common law elements for battery (civil) or the applicable statute for assault (criminal) in your state. They do vary considerably between jurisdictions.\n\nHowever, generally, tf it is a civil suit brought by him under common law battery, it is likely that you are liable, although the damages will be nominal. Under the Restatement, Second, of Torts, battery is the intentional infliction of a harmful or offensive bodily contact. Given general case law, you are liable civilly. However, given that it would be hard for him to prove any compensable damages, he would likely get a landslide victory of a couple of bucks as nominal damages. (In the civil system, this is a battery, not an assault. Assualt is the intentional causing of an apprehension of harmful or offensive contact. It typically merges into the battery claim, since battery is the natural progression from assault.)\n\nGenerally, you also violated most assault statutes (criminal); however, I would be entirely surprised if they spend the time to prosecute it. They will plea it out and offer a few hours of community service. In most states, it would be the lowest level of a misdemeanor (excepting traffic violations).