Chapter 759: Excessive Defense
After leaving the detention center, Fang Yi and Yun Qiao got into the car, found a restaurant in the county at noon, and ate a meal of donkey meat.
"Master, the three people on the other side are still holding steel pipes and other murder weapons, why did you just say that Tan Peicai may constitute excessive defense?
The three people on the other side hit Tan Peicai, but Tan Peicai was hit in a hurry, took out a knife and stabbed the other party, in this case, is it possible for Tan Peicai to constitute a special defense.
After all, it was the other party who made the first move, and the other party's behavior should be regarded as a crime, right? Yun Qiao gnawed on the donkey meat, looked at Fang Yi, and asked.
"Tan Peicai really took out a knife and stabbed people for the purpose of legitimate defense. But the victim did not hold any murder weapon in his hand, but only talked about Peicai's mouth empty-handed.
Although the victim constituted intentional injury to Tan Peicai, it was far from the extent of causing serious injury or death. Therefore, Tan Peicai's defensive behavior clearly exceeded the necessary limit, which is excessive defense. Fang Yi explained.
"But weren't two of the three on the other side holding steel pipes? Isn't the steel pipe a murder weapon? Yun Qiao tilted his head and asked puzzled.
However, in fact, only the victim was the only one who beat Tan Peicai, and the other two did not do anything, but only played a deterrent role.
If the three of them went for the purpose of talking about Peicai's life, it would definitely not be this result, maybe they would have fallen in the first round of talking about Peicai, and they would have been seriously injured if they didn't die. Fang Yi said.
"There seems to be some truth to that." Yun Qiao nodded.
In the afternoon of the next day, Peng Huayan and Tian Caiying walked into the conference room of the law firm again to meet Fang Yi.
"Lawyer Fang, according to what you said, my nephew Tan Peicai is very likely to constitute the crime of intentional injury, and he cannot make a defense of innocence, but can only make a defense of a minor crime?" After Fang Yi finished analyzing the case, Peng Huayan looked at Fang Yi and asked.
"Yes, judging from the current situation, the procuratorate believes that your nephew Tan Peicai and the victim were fighting each other, and your nephew's behavior did not constitute legitimate defense, and his behavior constituted the crime of intentional injury.
However, I believe that your nephew's behavior in talking about Peicai is justified self-defense, but the defense is excessive, which constitutes the crime of intentional injury. Fang Yi explained.
"Aren't they all the same? All are crimes of intentional injury. "Tian Caiying's subtext is, since the opinions of the procuratorate and the lawyer all constitute the crime of intentional injury, then what is the use of me hiring a lawyer, isn't it a waste of money?
"Lawyer Fang, don't get me wrong, Caiying means that what is the difference between the crime of intentional injury determined by the procuratorate and the crime of intentional injury you said?" Peng Huayan hurriedly pulled the words back, so as not to offend people for no reason.
Peng Huayan is a shopping mall veteran who has been in the society for decades, and in terms of dealing with people, he is definitely not comparable to housewife Tian Caiying.
Although what Fang Yi said was the same as the crime said by the procuratorate, Peng Huayan did not understand the problem with his brain like Tian Caiying. She noticed that the procuratorate determined that it was a mutual assault, while Fang Yi said that it was excessive defense, and there should be a difference between the two statements, but she didn't know how big the difference was, so she wanted to hear Fang Yi's explanation.
"It's okay, I can understand Ms. Tian's feelings. In this way, if according to the procuratorate's accusations, the two sides beat each other, then Tan Pei would be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, because the other party was seriously injured, and it is very likely that the sentence will be more than five years.
If the court adopts my defense opinion and finds that Tan Peicai is guilty of excessive defense, although it still constitutes the crime of intentional injury, the punishment should be reduced. It is highly likely that Tan Peicai will be sentenced to less than three years in prison.
The difference between the two is in sentencing. Fang Yi explained.
"Lawyer Fang, I'm sorry, I didn't understand just now." After listening to Fang Yi's explanation, Tian Caiying felt that what she said just now was a little inappropriate, and hurriedly looked back.
"It's okay, this case is a little complicated." Fang Yi said politely.
In many cases, the lawyer can't reply frantically because of a client's angry words, just like a dog bites you, you can't bite the dog again (the key is to bite the dog, there is a high probability that the person will not win), which will make the client feel that the lawyer is very unqualified, and will offend the potential customer.
The best solution is not to quarrel with the parties, go directly to the problem itself, use the facts of the case, legal logic, and existing cases to slap the other party to death, so that the other party will obey you, and dare not bare your teeth with you again.
What if you can't shoot or shoot down, for example, if you encounter a party who is not stingy, then the best way is not to accept his commission, so as not to fall into passivity, and the case will be handled in a bad stomach, and you will have to refund the fee in the end.
"Lawyer Fang, just do what you say, if you are entrusted to defend in court, how much is the lawyer's fee?" Peng Huayan said on the spot.
"The lawyer's fee for the first instance is 100,000 yuan. If there is a second instance, the lawyer's fee for the second instance is 50,000 yuan. Fang Yi said.
"By the way, Lawyer Fang, how sure are you that the court will sentence him to less than three years in prison in my husband's case?" Tian Caiying asked suddenly.
"Uh...... I can't really guarantee that. Anything can happen during the trial. Fang Yi was stunned and explained.
"Chaeyoung, do you have anything else to ask?" Peng Huayan looked at Tian Caiying beside her, with a little helplessness in her eyes, but the latter didn't notice it.
Tian Caiying shook her head.
"Lawyer Fang, then do as you say, you prepare the formalities, and we will sign and pay today. The rest is up to you. Peng Huayan said sincerely.
"Don't worry, I'll do my best." After Fang Yi finished speaking, he looked at Yun Qiao, who got up and went downstairs to prepare for the entrustment procedures.
In the office, Fang Yi was preparing defense opinions for Tan Peicai's intentional injury case, when Ma Yi walked in.
"Old Fang, how is your team?" Ma Yi sat on the sofa, took out a box of cigarettes, and smoked one.
"There were three of them, including an assistant." Fang Yi came to Ma Yi and sat down opposite him.
"Why are you so human!" Ma Yi took the cigarette out of his mouth and looked at him in surprise.
"Our team focuses on criminal litigation, and the current workload is quite saturated, and when the business volume comes up later, it is not too late to recruit a lawyer, and I am looking for a suitable lawyer during this time." Fang Yi said unhurriedly.
"You're going to build an elite team of lawyers!" Ma Yi nodded, with an expression that I understood, and said.
"How's your team?" Fang Yi asked.
"The quota of three lawyers has been full, and there have been more divorce lawsuits in recent years, and most of the family properties divided are high-value properties such as real estate, cars, and stocks. So a lot of lawyers are going into this business. Don't worry about hiring a lawyer. Ma Yi said proudly.
(End of chapter)