Originally Posted by axxe55
if she was under the impression he was gone, and when she discovered he was home, she should have just left. but she left and came back with a pistol. that put the burden on her IMO. so her claiming self defence just doesn't seem to work for me either. i think the jury reached the correct verdict on this case.
My opinion also supports the jury verdict. No matter which way you turn things, she screwed up. She had every opportunity to avoid taking things to the point where she fired the shot. Does she deserve 20 years for it? Let's look at it by Statute.
FS 784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
FS 784.021 Aggravated assault.—
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree
To this point we have an assault, and the use of the firearm in this assault makes it a felony. Please note that the law does not require her to lay hands on the person or actually fire the weapon to make this a third degree felony. So now we have a woman firing a weapon during the commission of the felony of Aggravated Assault
2. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1.a.-q., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.
So did she deserve 20 years? In my opinion the judge cut her a break. She wasn't sentenced on the aggravated assault charge. If she had been, the 20 years would have had to run consecutively to the sentence for the aggravated assault. She could have had up to an extra 5 years for the third degree felony.