There is a complaint of attempted homicide against me because I fought the former girlfriend of my common-law-husband, who happens to be the father of the former girlfriend’s two children. I only tried to hurt her because she was making faces at me and kept on repeating that I was acting as if I were pretty. She only sustained scratches and bruises in her face. Will I have a chance of winning the case against me even though she started the commotion?
The crime of attempted homicide is committed when the offender commences the commission of homicide or an attempt to kill by direct acts but does not perform all acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance (Article 6, Revised Penal Code or RPC).
Based on your narration, a criminal complaint can be filed against you for the injuries you have inflicted upon the former girlfriend of your common-law husband. The proper crime to be charge against you will be determined by the Office of the Prosecutor after the submission of complaint/deposition executed under oath by the former girlfriend at the said office. If the investigating prosecutor, after due evaluation of evidence at hand, found probable cause that you had the intention to kill, he will recommend the filing of attempted homicide. On the other hand, the crime of physical injuries shall be recommended for filing if, without intent to kill on your part, injuries were sustained by the former girlfriend.
Jealousy or obfuscation over the former girlfriend will not justify your act or absolve you from being punished for the crime committed, whether an attempt to kill or physical injuries. However, the said feeling may be possibly pleaded as a mitigating circumstance based on Article 13 (6) of the RPC, to wit:
“Article 13. Mitigating Circumstances.–The following are mitigating circumstances:
6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.”
If the mitigating circumstance is proved during the said hearing and the accused is convicted, the court hearing the case shall impose a penalty that is next lower in degree.
We hope that we have answered your query. Our legal opinion may vary if other facts are stated or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org