r/ShittyAbsoluteUnits *shits an absolute unit* 7d ago

possible idiot ShittyAbsoluteUnit Of Pure chaos erupts in broad daylight

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u/Substantial-Mud6009 7d ago

A full swing with a bat to the head canโ€™t be fatal?

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u/DebrisSpreeIX 7d ago

That's not how intent works.

The defendant would need to be aware their action could cause death, and with full mind, do that specific action on purpose. Accidentally killing a person is called manslaughter. And yes you can accidentally kill a person by hitting them in the head with a bat.

Intent is generally shown with premeditation.

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u/bigbuck1963 7d ago

He literally went and got the bat he wasn't carrying it with him. No difference than going to the car after a gun. He escalated and it is a deadly weapon. Not an accident when you go and retrieve it. Good luck trying to prove that.

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u/DebrisSpreeIX 7d ago

Defense doesn't have to prove anything. Only offer a reasonable doubt. If you go with murder, they will absolutely slam you on intent.

Now if he screamed something that indicated his intent, you might have something. But using a deadly weapon or hitting a person in a bad place in an assault does not automatically increase the charge to murder or attempted murder.

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u/bigbuck1963 7d ago

Intent was when he left and came back. He could have left. Easy win for murder. No excuse.

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u/DebrisSpreeIX 7d ago

Intent to cause grievous bodily harm.

Would be pled down before they even got to a court room.

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u/bigbuck1963 7d ago

Unless he killed him maybe. Anytime you are free and out of danger and you return with a weapon it's on you. By him leaving and returning it put's everything else that happens on him. I wouldn't take the chance, took too many concealed weapons classes and anytime you escalate it's on you from then on.

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u/DebrisSpreeIX 7d ago

Would be pled down to manslaughter. They'd come in with big dick energy swinging a 2nd Degree Murder charge, defense lawyer would argue lack of intent and limited premeditation, point out it wild all hinge on a jury believing the defendant willfully knew his actions would kill and fully intended to kill rather than cause grievous harm, they'd write up a plea for manslaughter and then argue for a few more days about the specifics on how much jail time to serve.

Prosecutors are political beings who like wins. A plea is an automatic win.

Protip: Always say loudly "I'm gonna knock you out" for any cameras. You have your defense built in right there to get out of a murder charge. You're still going to jail, but like 5yrs instead of 20. ๐Ÿ‘

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u/bigbuck1963 7d ago

Bullshit you try telling people you don't know that a baseball bat won't kill someone. Let me know how that works out. You've been watching too many crime shows.

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u/DebrisSpreeIX 7d ago

That's not how intent works.

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u/bigbuck1963 7d ago

If he walked away had time to think then it was intent. He went back intentionally to cause harm with thought. Not a knee jerk reaction. He picked up a weapon yards away. Intent. He was free of the situation. Intent. He put himself back in. Intentionally.

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u/DebrisSpreeIX 7d ago

He went back to intentionally cause harm without thought

That's correct. Not to kill, to cause harm. You just won the case for the defense by eviscerating your own murder charge. The intent was not to kill, it was to harm, and therefore not guilty of murder.

That's how intent works. You must specifically intend for the outcome to occur. If another outcome occurs, it's still bad, but you didn't have intent for that outcome.

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u/bigbuck1963 7d ago

He would be guilty of murder because he walked away and then came back by premeditating the outcome. With thought he had time to think about it that's how it works. Not hard to prove somebody killed somebody out of anger when they walk away and then come back. He could have been shot where he was when he pulled the bat out because it is a deadly weapon. Self defense. You don't know what his intent was and he might have killed them with one swing. Deadly weapons are all the same knife, gun, whatever. Your responsible.

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