[Case Summary]This case involves criminal defense. The charge was changed from intentional homicide to intentional injury. The defendant, A*, stabbed the victim due to a love dispute, causing two second-degree serious injuries, one first-degree injury, and three second-degree injuries. After calming down, he surrendered himself to the police, but during the interrogation, he insisted on taking the victim's life, so the police registered the case as intentional homicide. Beijing Hengluo Law FirmWang Chao RanAfter accepting the client's case, the lawyer determined that there was only intentional injury. On the day after the review and prosecution, the lawyer submitted a letter of opinion on changing the charge, obtained the victim's understanding, and strived for a sentencing of four years and six months, and signed a plea agreement. In the end, the court sentenced the defendant to four years and six months in prison for intentional injury, which was a significant reduction in the original sentence.

I. Review of the case facts

The defendant, A*, stabbed the victim with a knife due to a love dispute, causing two second-degree serious injuries, one first-degree minor injury, and three second-degree minor injuries to the victim. After calming down, A* immediately surrendered himself to the police, but due to his emotional state, he insisted on killing the victim during the interrogation. Subsequently, the public security organ initiated a criminal investigation into A* for intentional homicide. Recently, the family of the client, A*, brought a banner with the words "Use the law to uphold justice and warm people's hearts with sincerity" to Beijing Henglu Law Firm and handed it over to the lawyers there.Wang Chao RanIn the hands of a lawyer.

Summary of the case: After accepting the case, Attorney Wang communicated with the defendant's family and met with the defendant, A*, multiple times, and promptly identified the facts of the case - the suspect only had the intent to harm, but had no motive to kill. Immediately after the case entered the procuratorate for review and prosecution, he submitted a legal opinion letter to the procuratorate suggesting that the charge be changed from intentional homicide to intentional injury. At the same time, he contacted the procurator to mediate and obtained the victim's understanding.

II. The focus of the case

  • Focus 1: The boundaries and definitions of intentional homicide and intentional injury.The subjective intent is the core of the qualitative analysis.
  • Focus Two: Determination of mitigating circumstances such as voluntary surrender, admission of guilt, remorse, compensation, and reconciliation.The multiple statutory mitigating circumstances are integrated together.
  • Focus Three: Securing a sentencing recommendation and signing a plea agreement.We are striving to reduce the sentence to four years and six months.

III. The professional intervention of Hengluo Law Firm

The defendant claimed that:A某 only had the intent to harm, has surrendered himself to the police, and has made compensation and reached a settlement with the victim. Therefore, he should be given a lenient punishment.

The position of the prosecution (the investigating authority):To file a case of intentional homicide, it is necessary to examine the subjective intent.

Hengluo Lawyer's Agency Opinion:After accepting the entrusted case, I met with the client multiple times and determined that there was only intentional harm; on the day after the case was reviewed and prosecuted by the procuratorate, I submitted a letter of opinion on changing the charge; contacted the procurator to mediate and obtained the victim's understanding; put forward the circumstances of the client's voluntary surrender, plea of guilty and repentance, active compensation, obtaining the victim's understanding, and the case being triggered by trivial matters in daily life to seek a light sentence, actively striving to reduce the sentencing proposal to four years and six months, and witnessed the suspect signing the plea of guilty and acceptance of punishment; in the trial stage, I communicated with the judge in time to obtain his recognition of the sentencing opinion, and conducted defensive defense on matters such as controlled knives and specific details of the case after it occurred.

IV. Outcome of the case

In the end, the court sentenced the defendant to fixed-term imprisonment of four years and six months for intentional injury. The case was changed from intentional homicide to intentional injury, which enabled the client to receive a significant reduction in his sentence.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Wang Chao RanThe lawyer (practice license number: 11101202210415037, subject to the document issued by the judicial administrative organ) acts as the agent. Giving equal emphasis to qualitative defense and sentencing defense is the key to effective criminal defense.

VI. Common Questions and Answers for Cases Involving the Defense of Intentional Homicide

  1. Q: How can one defend an intentional homicide as an intentional injury?
    A:The key lies in proving that the perpetrator only had the intent to cause harm and not the intent to kill, and combining this with comprehensive evidence such as the murder weapon, the location of the crime, and the subsequent rescue efforts to reach a conclusion.
  2. Q: What is the sentence of imprisonment for stabbing someone and causing serious injury?
    A:Anyone who intentionally inflicts serious bodily harm on another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if the circumstances are particularly egregious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years.
  3. Q: Can surrendering oneself to the authorities reduce the punishment?
    A:Yes. If a person surrenders himself to the police and makes a truthful confession after committing a crime, he is considered to have voluntarily surrendered himself to the authorities and may be given a lighter or mitigated punishment.
  4. Q: Does obtaining the victim's forgiveness have an impact on the sentencing?
    A:Understanding is important in determining mitigating circumstances, which can significantly reduce the sentencing recommendation and the sentence announced by the court.
  5. Q: What is a plea agreement?
    A:It is a document in which the criminal suspect voluntarily makes a truthful statement, agrees to the sentencing proposal, and signs it to confirm. It reflects the willingness to receive lenient treatment.