Hi my partner has been accused of throwing a knife at her ex partner. He stabbed his arm in anger after an argument. I would appreciate some advice as he said she used a heavy kitchen knife and it landed point first in his arm. I have tried replicating the throw and can get the knife point first maybe one in ten times are there any expert articles that could reference the fact that for someone untrained in throwing would struggle to get accuracy with such a knife.
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fake accusations knife throwing
- Thread starter dsendall
- Start date
So...the two of them had a fight, and he says she threw a knife at him, and she says he stabbed himself in the arm in anger?!?
I'm buying his story, and not hers, to be perfectly honest.
If you get in an argument with her, I suggest doing it in the den.
I'm buying his story, and not hers, to be perfectly honest.
If you get in an argument with her, I suggest doing it in the den.
I throw knives for fun, and you can stick one on the first try by sheer dumb luck. Seen it with my own eyes with other people throwing who'd never thrown before. It's like rolling a dice. Sorry, but this line of argument is not going to get anywhere in court. You are better served by weighing other evidence such as the location and angle of the wound, and if the wound is consistent with the knife that was alleged to have inflicted it. Self-inflicted injuries in order to incriminate other people happen all the time (especially when the subject has Borderline Personality Disorder) but it's often easier to prove that it couldn't have been self-inflicted than vice versa.
Has the knife been taken into evidence?
Who's fingerprints are on the knife?
If he stabbed himself, then it's possible that only his prints are on the knife. And that could put her in the clear, or at least create strong reasonable doubt.
If she threw the knife at him, then her prints would likely be on it. If her prints are on it, then that's bad for her.
If she made a statement to the cops saying that she never touched the knife, and if her prints are found on it, then she could be screwed, as that would indicate that she lied to the cops. And getting caught lying to the cops never helps a defendant.
Does the ex-partner have a history of self-inflicting injuries? Perhaps a history of mental disorder? Drug and/or alcohol abuse? Perhaps a criminal record, or record of psych hospitalization? These are details that could help her defense.
Who's fingerprints are on the knife?
If he stabbed himself, then it's possible that only his prints are on the knife. And that could put her in the clear, or at least create strong reasonable doubt.
If she threw the knife at him, then her prints would likely be on it. If her prints are on it, then that's bad for her.
If she made a statement to the cops saying that she never touched the knife, and if her prints are found on it, then she could be screwed, as that would indicate that she lied to the cops. And getting caught lying to the cops never helps a defendant.
Does the ex-partner have a history of self-inflicting injuries? Perhaps a history of mental disorder? Drug and/or alcohol abuse? Perhaps a criminal record, or record of psych hospitalization? These are details that could help her defense.
Here's a bit of general advice-
Choosing a defense attorney can be tricky.
There are many public defenders who believe in what they are doing and they will do everything possible to get the best possible outcome for their clients. But some public defenders are only in it for the paycheck and couldn't care less about their clients. And some PD's won't hesitate to sell out their clients to the prosecutor by lying to their clients and convincing them to take the first rotten plea deal that the prosecutor offers.
Hiring an attorney is unfortunately no guarantee of getting good representation. Many law firms have multiple lawyers each working heavy caseloads. So when you hire a law firm it's very possible to get stuck with an attorney who is only interested in ending your case as quickly as possible. And the best way for them to do that is to push/convince their clients to take the first plea deal that the prosecutor offers.
The first plea deal offered by the prosecutor is often referred to as "the idiot deal", because only an idiot would take it. Every criminal with experience going through the system knows that you NEVER take the first deal, because the first deal is the worst deal for you. Instead, you always INSIST on a trial. This does two things, it motivates your attorney to try and get the best possible deal out of the prosecutor so that they (your attorney) doesn't have to go through the trouble of a trial, and second, it motivates the prosecutor to offer a better deal for the same reason. Often the better deal will be offered right before jury selection begins, or right before the trial is set to begin.
Unfortunately it can be difficult to tell up front if your attorney is a good one or a bad one. But one way to tell is, if they push you to take the first plea deal, chances are pretty good that they are a bad one.
A few things to know about law firms and hiring an attorney.
Law firms that cater to the masses often advertise "Free consultation". This is bullshit. All that "free consultation" is is a sales pitch. Chances are the person providing the "consultation" isn't even a lawyer, just a salesman for the firm. They will often tell you up front that they are not permitted to give you actual legal advice, and they will likely ask you to sign a statement showing that you understand that they are not permitted to give you legal advice.
After verifying that you are able to pay, the law firms "salesman" who gives you the "free consultation" will blow all kinds of smoke up your ass. They might make all kinds of promises regarding what the firm will do for you, and tell you how lucky you are that they can take your case, and how they love taking cases like yours and fighting the DA's office on behalf of their clients, but it's all bullshit. All they are trying to do is convince you to sign the check, or hand over your credit card.
There are basically two ways that law firms and lawyers take payment. There is the "flat fee", which means you pay the full amount up front. Or there is the payment plan, which means you pay as you go. The payment plan costs more. But here's the thing, if you go with the payment plan YOU control the money. And if you come to dislike your attorney, or the firm, and want to fire them, you can simply stop paying them. But if you pay the flat fee, THEY already have your money. And if you want to fire them you could wind up in a whole other legal battle trying to get a refund. Good luck trying to sue lawyers or a law firm. In my opinion, although you pay more on the installment plan, it's the better option. For another reason, it gives your attorney an incentive to do a good job for you and make you happy so you won't fire them. Whereas if you paid up front, then they already have your money, and they can feel free to screw you over because they have already been fully paid.
Always research an attorney or law firm before you hire them. Ignore any reviews that they post on their firms website, because they are only going to post the good reviews. Check the firm/lawyer out with the Better Business Bureau. And check review sites online.
Best of luck, because if you get caught in the teeth of the criminal justice system, you're gonna need all the luck you can get.
Choosing a defense attorney can be tricky.
There are many public defenders who believe in what they are doing and they will do everything possible to get the best possible outcome for their clients. But some public defenders are only in it for the paycheck and couldn't care less about their clients. And some PD's won't hesitate to sell out their clients to the prosecutor by lying to their clients and convincing them to take the first rotten plea deal that the prosecutor offers.
Hiring an attorney is unfortunately no guarantee of getting good representation. Many law firms have multiple lawyers each working heavy caseloads. So when you hire a law firm it's very possible to get stuck with an attorney who is only interested in ending your case as quickly as possible. And the best way for them to do that is to push/convince their clients to take the first plea deal that the prosecutor offers.
The first plea deal offered by the prosecutor is often referred to as "the idiot deal", because only an idiot would take it. Every criminal with experience going through the system knows that you NEVER take the first deal, because the first deal is the worst deal for you. Instead, you always INSIST on a trial. This does two things, it motivates your attorney to try and get the best possible deal out of the prosecutor so that they (your attorney) doesn't have to go through the trouble of a trial, and second, it motivates the prosecutor to offer a better deal for the same reason. Often the better deal will be offered right before jury selection begins, or right before the trial is set to begin.
Unfortunately it can be difficult to tell up front if your attorney is a good one or a bad one. But one way to tell is, if they push you to take the first plea deal, chances are pretty good that they are a bad one.
A few things to know about law firms and hiring an attorney.
Law firms that cater to the masses often advertise "Free consultation". This is bullshit. All that "free consultation" is is a sales pitch. Chances are the person providing the "consultation" isn't even a lawyer, just a salesman for the firm. They will often tell you up front that they are not permitted to give you actual legal advice, and they will likely ask you to sign a statement showing that you understand that they are not permitted to give you legal advice.
After verifying that you are able to pay, the law firms "salesman" who gives you the "free consultation" will blow all kinds of smoke up your ass. They might make all kinds of promises regarding what the firm will do for you, and tell you how lucky you are that they can take your case, and how they love taking cases like yours and fighting the DA's office on behalf of their clients, but it's all bullshit. All they are trying to do is convince you to sign the check, or hand over your credit card.
There are basically two ways that law firms and lawyers take payment. There is the "flat fee", which means you pay the full amount up front. Or there is the payment plan, which means you pay as you go. The payment plan costs more. But here's the thing, if you go with the payment plan YOU control the money. And if you come to dislike your attorney, or the firm, and want to fire them, you can simply stop paying them. But if you pay the flat fee, THEY already have your money. And if you want to fire them you could wind up in a whole other legal battle trying to get a refund. Good luck trying to sue lawyers or a law firm. In my opinion, although you pay more on the installment plan, it's the better option. For another reason, it gives your attorney an incentive to do a good job for you and make you happy so you won't fire them. Whereas if you paid up front, then they already have your money, and they can feel free to screw you over because they have already been fully paid.
Always research an attorney or law firm before you hire them. Ignore any reviews that they post on their firms website, because they are only going to post the good reviews. Check the firm/lawyer out with the Better Business Bureau. And check review sites online.
Best of luck, because if you get caught in the teeth of the criminal justice system, you're gonna need all the luck you can get.
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Seeing as I am an attorney, but not a criminal attorney (or attorney criminal!), I can give a couple of pieces of general guidance...
1) Don't go with a public defender, the vast majority are either idealists or just can't get hired by a firm to work private criminal defense. Either way, you don't want them defending you. The costs, both retainer and hourly billed, can seem staggering, but most firms have well defined payment plans that allow you to pay them over time and not go completely broke defending yourself.
2) If they advertise on TV, you will experience pretty much what was written above, stay away.
3) Bear in mind that even misdemeanor convictions for domestic violence related crimes can have as far reaching life consequences as a felony conviction. This can include, among other things: loss of gun rights, hard time renting a decent apartment, getting a decent job etc. It is almost NEVER a good idea to take a plea to a reduced charge that is still a domestic violence related one, only if it were much reduced such as down from aggravated assault with a deadly weapon down to simple assault for instance. Overall, the conviction rates for domestic violence related crimes are very low, and much lower than the overall conviction rates of most DA/SA's offices.
1) Don't go with a public defender, the vast majority are either idealists or just can't get hired by a firm to work private criminal defense. Either way, you don't want them defending you. The costs, both retainer and hourly billed, can seem staggering, but most firms have well defined payment plans that allow you to pay them over time and not go completely broke defending yourself.
2) If they advertise on TV, you will experience pretty much what was written above, stay away.
3) Bear in mind that even misdemeanor convictions for domestic violence related crimes can have as far reaching life consequences as a felony conviction. This can include, among other things: loss of gun rights, hard time renting a decent apartment, getting a decent job etc. It is almost NEVER a good idea to take a plea to a reduced charge that is still a domestic violence related one, only if it were much reduced such as down from aggravated assault with a deadly weapon down to simple assault for instance. Overall, the conviction rates for domestic violence related crimes are very low, and much lower than the overall conviction rates of most DA/SA's offices.
I have no doubt the guy is a complete asswipe and, in all likelihood richly deserved it, but those of us who have been around the block a few times.... would bet the farm she threw the knife at him. LOL