if you shoot someone crippling them and do time for it

[tk2kewl]

and then that person dies 30 years later of complications related to the injury should you be charged with murder?

[Lex]

1. He can't be.

Not if he was charged and convicted of the crippling.

[tk2kewl]

2. it's not double jeopardy if its a different charge

[Lex]

3. It's the same incident however.

If you charge and convict him for the crippling now, you can't get him for the death later for the same incident.

[tk2kewl]

4. it was just reported on the local news that

this exact scenario has taken place in NJ

[Lex]

5. Then I hope the guy has a competent attorney.

You can switch the charge to murder *if* the victim dies before you convict the shooter of the crippling.

[progressivebydesign]

10. Yes, you can get charged again.

It happens all the time. It's not double jeopardy if it's a different crime, even if it's the same incident. i.e. you rob a bank and are convicted of that. Later, they find the body of a customer you killed and stuffed into a vault. You will be charged with murder, as well.

[philosophie_en_rose]

12. Yes you can.

One action can be more than one crime. For instance, if a drunk driver kills a pedestrian, he or she can be held criminally liable for vehicular homicide AND driving drunk. He or she could also be civilly liable to the pedestrian's family.

There are many factors in determining whether someone is guilty of murder. The issue here appears to be causation. Was the guy the actual cause of the death? Were there any intervening factors?

If it just took the person a long time to die, then I think he's guilty.

[HomieG]

6. Not likely...

Most states have something that resembles the "year and a day" rule. This simply says that if the victim dies (as a result of the defendant's act) more than a year and a day following this act, then the defendant is not liable for the victim's death.

[michreject]

11. No law like that in Michigan

No law like that in Michigan. No expiration for the ability to charge someone with felony murder. It's happened twice within the past year.

[newyawker99]

14. Hi michreject!!

Welcome to DU!! :toast:

[Nikia]

15. I have heard of that applied to a case

I can't remember the case, but it seemed to make sense.

[lectrobyte]

7. Seems like a unique question... Is there a case like this that has

come up recently and I missed it?

[tk2kewl]

13. a case like this was reported on the local news last night in NJ

[Walt Starr]

8. It depends upon the specific laws of the state where the event takes place

:shrug:

Laws are different in different states, so it all just depends.

[progressivebydesign]

9. If it's provable. Yes. They wouldn't have died at that time if not.

I mean.. if you shoot someone and they die from it, regardless of when it was, yes.. you are culpable. People rarely shoot other people without the intent to kill them.

[Nikia]

16. What if it weren't shooting?

But hitting someone with an object during a fight. Would that make any difference?

[Richard Steele]

18. That would make a difference in the charge (to me, anyway)

Hitting someone with an object has some "wiggle room".
Extenuating circumstances would have to be considered.

Did the perp own the "object" and bring it with them,
or just pick it up during the fight?
WHERE did they hit the "victim", and how many times?

But shooting someone above the waistline?
That's attempted murder, for sure.

[McCamy Taylor]

17. Must be state by state, in Texas they will hold off charges to see if the

injured person is going to die.