Burglary, Arson, Home Invasion neck stabbing

[kable]

I was cut in the neck by a man with a knife that opened my jugular veins and also cut wide open my treachia. I lost 6 units of blood and was hospitalized for 1 week. I had 3 professional surgeons working on me in ER and this bill will be HUGE! the man that did this is only being charged with aggrivated assault which I think is nowhere near extreme enough of a punishment. I haven't even talked to the detective in charge yet (can't get ahold of her EVER!), they impounded my truck for evidence and then made me pay the towing costs. if you would like further details then just ask but I was wondering what the hell is wrong with this picture? and what can I do to fix it.

kable

P.S. I never touched this guy. he and 2 others jumped my friends, I chased after him to get license plate # and head to his assumed destination. he threw a bottle at my truck after pulling over. I got out of my truck and then slice. end of conflict. never swung on him or anything.

 

[seniorjudge]

Have you talked to the victims' advocate in the prosecutor's office?

 

[CdwJava]

This is a B felony:

IC 35-42-2-1.5
Aggravated battery
35-42-2-1.5 Sec. 1.5. A person who knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes:
(1) serious permanent disfigurement;
(2) protracted loss or impairment of the function of a bodily member or organ; or
(3) the loss of a fetus;
commits aggravated battery, a Class B felony.

Only an A felony would be a higher classification. A 'B' Felony has a minimum 6 years in custody attached to a conviction. What exactly were you expecting him to be charged with?

To try and charge attempted murder likely requires them to establish intent to try and kill you. While it would seem that on it's face this is what happened, but it is not always so easy to PROVE that in court.

Plus, if your attacker has prior convictions or there are other aggravating circumstances, he could very well see additional time tacked on.

- Carl

 

[kable]

the prosecuting attorney is on vacation, also the detective is on vacation, so I get ahold of assistants that don't really know too much. but anyways, I understand that a class B felony is serious stuff. however I just don't think that aggravated assault it severe enough. there is no punishment for him using a knife on me. assault with a deadly weapon, or attempted murder would be great. I'm no expert like some of you but I have no idea how somebody can cut someone in the throat and not have the intent to kill the person. I don't know about how much proof they need in court but either way there is something wrong with the justice system if he gets out in 6 years. He also has 17 previous burglary convictions but this is the 1st assault charge. and the other 2 people that attacked my friends get nothing? It really aggravates me .

kable

P.S. I thank you for your input. I don't want to seem ungrateful in my aggravation.

 

[CdwJava]

It's a MINIMUM of 6 years. Plus, intent can be a specific thing. It's a legal matter, and not one that needs make "sense".

- Carl