It is, by the letter of the law, assault (and battery, if that’s a separate thing there). But the jury is not bound in any way as to whether they find a defendant guilty or not guilty.
There was a pretty locally big felony murder case. Some Norteños jumped some Sureños. The Norteños had bats. One of the Sureños had a gun. One of the Norteños died.
Now, under stone principle I don’t understand and can’t remember what it’s called, when you start committing a crime, any crimes that occur as a direct consequence are attributable to the party that began the illegal actions. So the Norteños went on trial for felony murder for shooting their own fellow gang member (since the Sureños could reasonably argue self defense and the DA wanted to do something about gang violence, they prosecuted the Norteños) even though a Sureño pulled the trigger.
I learned it’s difficult to get a conviction from a fair jury for felony murder when you “started it”. They were acquitted.
It is, by the letter of the law, assault (and battery, if that’s a separate thing there). But the jury is not bound in any way as to whether they find a defendant guilty or not guilty.
There was a pretty locally big felony murder case. Some Norteños jumped some Sureños. The Norteños had bats. One of the Sureños had a gun. One of the Norteños died.
Now, under stone principle I don’t understand and can’t remember what it’s called, when you start committing a crime, any crimes that occur as a direct consequence are attributable to the party that began the illegal actions. So the Norteños went on trial for felony murder for shooting their own fellow gang member (since the Sureños could reasonably argue self defense and the DA wanted to do something about gang violence, they prosecuted the Norteños) even though a Sureño pulled the trigger.
I learned it’s difficult to get a conviction from a fair jury for felony murder when you “started it”. They were acquitted.