Other Criminal Charges & Offenses How can you be charged with murder when no one died?

[ataribravo]

Jurisdiction

California

Hello,

I have a nephew who is in jail with a murder charge. He allegedly stuck another person and that person was in the hospital for 3 days and released. He was arrested and charged with murder and has been held on that charge for about a month. Meanwhile, the "victim" has been going about his life for the last 27 days. How is that even possible? Also, as of yesterday, the public defender was under the impression the "victim" was still unresponsive and in the hospital. Can some one please explain?

All the best,
ataribravo

 

[justblue]

Hello,

I have a nephew who is in jail with a murder charge. He allegedly stuck another person and that person was in the hospital for 3 days and released. He was arrested and charged with murder and has been held on that charge for about a month. Meanwhile, the "victim" has been going about his life for the last 27 days. How is that even possible? Also, as of yesterday, the public defender was under the impression the "victim" was still unresponsive and in the hospital. Can some one please explain?

All the best,
ataribravo

How could anyone here possible "explain"? We don't have all the facts of the case. Your nephew should be asking his attorney.
His Aunt/Uncle/Mother/Father/Siblings/Cousins/friends/Spouse/Dog/Cat/Parrot shouldn't be posting in the internet about his very serious criminal case. I'm very sure his Criminal Defense Attorney would be quite peeved about this.

 

[PayrollHRGuy]

Hello,

I have a nephew who is in jail with a murder charge. He allegedly stuck another person and that person was in the hospital for 3 days and released. He was arrested and charged with murder and has been held on that charge for about a month. Meanwhile, the "victim" has been going about his life for the last 27 days. How is that even possible? Also, as of yesterday, the public defender was under the impression the "victim" was still unresponsive and in the hospital. Can some one please explain?

All the best,
ataribravo

I doubt he has been charged with murder. More likely attempted murder.

 

[army judge]

Meanwhile, the "victim" has been going about his life for the last 27 days.

Thank goodness the victim lived.

He/she survived a vicious, brutal attempt to make her/him assume room temperature.

That said, wise up, don't permit the ALLEGED perpetrator to discuss any aspect of her/his case with you.

It is okay to discuss the weather, Aunt Claudine's health, Uncle Chester's carrot patch, etc...

Discussing the ALLEGED perp's case could cause you to be a witness at trial.

By the way, ALL telephone conversations with jail inmates are recorded and reviewed by the DA's office.

The perp has the right to remain silent.

I suggest you gently remind the perp to avail himself/herself of that right.

He/she would be WISE to discuss the case ONLY with her/his attorney.

 

[zddoodah]

I have a nephew who is in jail with a murder charge. He allegedly stuck another person and that person was in the hospital for 3 days and released. He was arrested and charged with murder and has been held on that charge for about a month.

I can assure you that no district attorney has charged your nephew with murder if the alleged victim is alive. Most likely, he's been charged with attempted murder.

Beyond that, as previously noted, no one here will have more information about the case than you do.

 

[flyingron]

Yes, most likely attempted murder. If he struck him with intent to kill, it's attempted murder. It's still a felony with substantial prison time involved (up to life). There are mandatory minimums if the victim was a law officer or fireman.

If he's charged with this, he very much needs a good attorney.