[QUOTE=Platapus;2117037]"Your honor, I hold a black belt in several martial arts. If I truly intended to beat my girlfriend to death, she would be dead. But, as you can see, she is still alive. Therefore, I think that the attempted murder charge should be dropped and a simple assault charge put in its place. Deal?"
Judge:


[/QUOTE
I know how it sounds, but it has worked and with right jury in the box and attorney selling it, could see it work.Intent is a lot of the equation.Honestly, the man on trial knew he had blanks and could not kill her, he did not intend to kill her nor could he, he did break the law by aiming the weapon and discharging it, that is an assault and much more airtight case. Honestly, this akin to me striking you with a plastic bat in the head and being charged with attempted murder. People overreact when guns are involved.
For the fact the state is abusing it's poweer with an overzealous prosecution, I hope he is found not guilty or gets a hung jury.