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Thread: Too light a sentence?

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    Man Shot During Burglary in West Springfield Area
    West Springfield Police District – A 56-year-old man defending his home was shot by a burglar on Wednesday, December 16 in the 6100 block of Hillside Road. Around 11 p.m., the victim encountered an armed man breaking into the residence. The victim and suspect exchanged gunfire and the victim was struck once in the chest. The suspect fled on foot but was intercepted by responding patrol officers. The victim was transported to Inova Fairfax Hospital with serious but non life-threatening injuries.

    Jonathan E. Anderson, 21, of 8929 Arley Drive, was charged with malicious wounding and burglary while armed.

    -- Shouldn't Mr. Anderson also be charged with discharging a firearm and potentially illegal possession?

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    Regular Member 45acpForMe's Avatar
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    I would think attempted murder and other charges would be more appropriate.

    I don't believe that in the commission of a crime you are allowed a "self defense" plea.

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    BG:I plead self defense - Honest Judge , He pulled his gun first after I broke into his house.

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    Someone once told me - I forget who - that only the most severe of all the charges are the ones used to prosecute. I guess that makes sense. Of course, why not hit em with all the charges instead of the most severe ones?

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    bohdi wrote:
    -- Shouldn't Mr. Anderson also be charged with discharging a firearm and potentially illegal possession?
    How about attempted murder?

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    The burglar is charged with sufficient crimes to keep him in jail or set bail higher while the police and Commonwealth Attorney (CA) finish the investigation. The CA then adds or drops charges as appropriate.
    ---

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    ah right. Makes sense. This was updated on the post. http://www.washingtonpost.com/wp-dyn...121704463.html

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    45acpForMe wrote:
    I would think attempted murder and other charges would be more appropriate.

    I don't believe that in the commission of a crime you are allowed a "self defense" plea.

    AS to (1): that would make sense, and if the Commonwealth were shooting for an ok plea bargain, that's what they'd have charged him with, on the theory that they could back off and get a guilty plea for malicious wounding and burglary. Sounds to me like they want to go to trial on this one and intend to win. It's a focused approach that will get a stiff sentence from a jury - probably well beyond what the judge would do along acting on the basis of the Virginia sentencing guidelines. It's a winnable case, and I'd bet that Ray Morrogh will insist on a jury. When [*** *****] was C/A, he came up with a standing instruction for the deputy prosecutors to treat every case as if it were horse trading - "We don't do plea bargaining - if it were really a bargain, we wouldn't offer it." Looks like they want to nail this guy right good.

    AND (2): you're right - you have to be "innocent" in order to plead self-defense, or protecting an "innocent" third party.

    [edited to delete bad words]
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Accomplished Advocate peter nap's Avatar
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    user wrote:
    45acpForMe wrote:
    I would think attempted murder and other charges would be more appropriate.

    I don't believe that in the commission of a crime you are allowed a "self defense" plea.

    A on a jury
    a winnable case, and I'd bet that Ray Morrogh will insist
    Bob Horan
    \Shame on you for using that kind of language on a family board!:shock:

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    This happened just a few miles from me :?

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