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Si Quis Unum Percusserit, Cum Alium Percutere Vellet, In Felonia Tenetur
Understanding Si Quis Unum Percusserit, Cum Alium Percutere Vellet, In Felonia Tenetur: Legal Insights
Definition & Meaning
The legal maxim "si quis unum percusserit, cum alium percutere vellet, in felonia tenetur" translates to "if a person kills one while intending to kill another, they are guilty of felony." This principle establishes that a person can be held criminally responsible for a homicide even if the victim was not the intended target. It emphasizes the intent behind the act and the consequences of causing harm, regardless of the specific outcome.
Table of content
Legal Use & context
This term is primarily used in criminal law, particularly in cases involving homicide or attempted murder. It underscores the importance of intent in determining culpability. Legal practitioners may encounter this principle in cases where a defendant's actions lead to unintended consequences, such as accidental killings during an attempted crime. Users can find relevant legal forms and templates through US Legal Forms to navigate situations involving criminal charges and defenses.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person attempts to shoot a rival but accidentally hits an innocent bystander. In this case, the shooter could be charged with felony murder, as they intended to kill but caused the death of someone else.
Example 2: During a robbery, a suspect fires a gun intending to intimidate a store clerk but accidentally kills a customer. The suspect may face serious felony charges for the unintended death. (hypothetical example)
State-by-state differences
State
Key Differences
California
California law allows for charges of second-degree murder if a death occurs during the commission of a felony, even if the victim was not the intended target.
Texas
In Texas, the law also holds individuals accountable for unintended deaths during criminal acts, with specific provisions for felony murder.
New York
New York distinguishes between degrees of murder, but the principle of liability for unintended victims remains consistent.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Felony Murder
A legal doctrine that allows for a murder charge if a death occurs during the commission of a felony.
Felony murder applies specifically to deaths occurring during felonies, while the discussed maxim applies to intent regardless of the act's nature.
Attempted Murder
The crime of attempting to kill someone, regardless of whether the attempt was successful.
Attempted murder focuses on the intent to kill, while the discussed maxim involves unintended consequences of that intent.
Common misunderstandings
What to do if this term applies to you
If you find yourself facing charges related to this legal principle, it is crucial to seek legal advice immediately. Understanding the implications of your situation can be complex. Users can explore US Legal Forms for templates that may assist in managing their legal issues effectively. However, given the serious nature of felony charges, consulting with a qualified attorney is highly recommended.
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