3 ms·
Hypothetical damages only make sense if he was charged with a lesser crime of "attempted" X... however I don't see that modifier in the news reporting. My conce
by Terr_ 1mo ago
Hypothetical damages only make sense if he was charged with a lesser crime of "attempted" X... however I don't see that modifier in the news reporting. My concern is that the prosecution is trying to mix-and-match the severity of factual crimes with theoretical outcomes in a way which is illogical and unjust.
IANAL, but for example the article says they're charging him with real (not attempted) criminal mischief over $1,000. Looking it up [0] that reads as requiring a threshold of actual damage in dollars.
It's as if someone was charged with real (not attempted) first-degree murder despite the "murdered" person walking around totally unharmed. That'd be nonsense, right? We'd at least be asking what kind of brain-damage caused the prosecutor to do that instead of lowering it to "attempted murder".
There's different section [1] about attempts in a very general sense, but even then it's not clear how the math works when it was a setup and real assets were never in danger.
[0] https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0806/Sections/0806.13.html https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Disp...
[1] https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0777/Sections/0777.04.html https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Disp...