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Changing crimes?
Is there any special procedure that is used if one is convicted of one crime, and afterwards, that crime changes? I don't mean they do something afterwards, in addition to the first one, but that, if they are convicted of something like assault or attempted murder, and after that conviction, that person dies as a result of the injuries they sustained. In this scenario, would there have to be another case, or would the conviction of the original crime be enough, since they have already been convicted of causing the injuries that led to that person dying? Also, if one were to assault someone, and years later, that person died as a result of something those injuries caused, would they be held responsible?
2 Answers
- davidLv 75 years agoFavorite Answer
There would have to be a new trial. You can't assume that just because they died, that those injuries were responsible. I mean, everyone dies eventually, and that would make *everyone* guilty of assault eventually guilty of murder. So a jury has to determine whether the previous injuries were the cause of death. In my state, "The prosecution is required to prove only that the defendant's acts were a substantial factor in the victim's death; not the sole cause."
I think some places have a "year and a day" law, where you can't be charged with murder if the person dies after that time period. In my state this was abolished in 2003, and some other states abolished this as well. It's going to depend on your state.