Lawyer

Chapter 709
After leaving the detention center, Fang Yi and Yun Qiao got into the car, found a restaurant in the county at noon, and had a meal of donkey meat.

"Master, the other three are still holding steel pipes and other lethal weapons, why did you say that Tan Peicai may constitute excessive defense?

Three of the opponents fought against one of Tan Peicai, but Tan Peicai got caught off guard and stabbed the opponent with a knife. Under such circumstances, could Tan Peicai 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 murder, right? "Yun Qiao gnawed on the donkey meat, looked at Fang Yi, and asked.

"Tan Peicai did stab someone with a knife out of legitimate self-defense. But the victim didn't hold any murder weapon in his hand, he just slapped Tan Peicai's mouth with his bare hands.

Although the victim constituted an intentional injury to Tan Peicai, it was far from causing serious injury or death.Therefore, Tan Peicai's defensive behavior obviously exceeded the necessary limit, which is an excessive defense. "Fang Yi explained.

"But among the three opponents, didn't two of them hold the steel pipe? Isn't the steel pipe considered a murder weapon?" Yun Qiao tilted her head and asked in confusion.

"However, in fact, only the victim was the one who beat Tan Peicai, and the other two did not do anything, but only served as a deterrent.

If the three of them had gone for the purpose of talking about Peicai's life, this would definitely not be the result. They might fall down in the first round of talking about Peicai, and they would be seriously injured if they didn't die. "Fang Yi said.

"It seems to have some truth." Yun Qiao nodded.

The next afternoon, Peng Huayan and Tian Caiying walked into the conference room of the law firm again to meet Fang Yi.

"Lawyer Fang, according to your statement, my nephew Tan Peicai is likely to have committed the crime of intentional injury. He cannot plead not guilty, but can only plead misdemeanor?" After Fang Yi analyzed the case, Peng Huayan looked at Fang Yi and asked.

"Yes, judging from the current situation, the procuratorate believes that there was a mutual assault between your nephew Tan Peicai and the victim, your nephew's behavior did not constitute self-defense, and his behavior constituted the crime of intentional injury.

But I think that your nephew's act of talking about Peicai is justifiable self-defense, but it is an excessive defense and constitutes the crime of intentional injury. "Fang Yi explained.

"Aren't the charges the same? They are all crimes of intentional injury." Tian Caiying's subtext is, since the opinions of the procuratorate and the lawyer constitute the crime of intentional injury, then what's the use of 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 identified by the procuratorate and the crime of intentional injury you mentioned?" Peng Huayan hastily pulled back the words to avoid offending people for no reason .

Peng Huayan is a veteran of shopping malls who has worked in the society for decades. In terms of dealing with people, she is definitely not comparable to housewife Tian Caiying.

Although what Fang Yi said was the same charge as what the procuratorate said, Peng Huayan didn't understand the problem like Tian Caiying.She noticed that what the procuratorate identified was mutual assault, and what Fang Yi said was excessive self-defense. There should be a difference between these two statements, but she is not sure how big the difference is, so she wants to hear Fang Yi's explanation.

"It's okay. I can understand Ms. Tian's mood. That's it. If according to the accusation of the procuratorate, the two parties fought each other, then Tan Pei will be sentenced to between three and ten years in prison, because the other party was seriously injured. It is possible that the sentence will be more than five years in prison.

If the court adopts my defense opinion and finds that Tan Peicai is excessively defensive, although he still constitutes the crime of intentional injury, his punishment should be mitigated.Tan Peicai will most likely be sentenced to less than three years in prison.

The difference between the two lies in the 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 inappropriate, so she hurriedly searched back.

"It's okay, this case is a little complicated." Fang Yi said politely.

In many cases, lawyers can’t respond crazily because of a client’s angry words. It’s like a dog bites you. It will make the client feel that the lawyer is not qualified, and it will also offend potential clients.

The best solution is not to quarrel with the parties involved, but to directly return to the problem itself, and use the facts of the case, legal logic, and existing cases to shoot the other party to death, so that the other party will convince you and dare not confront you anymore.

What should I do if I can’t get the job done? For example, if I encounter a client who is not stingy, the best way is not to accept his commission, so as not to fall into a passive position, and the case is full of anger, and I might have to refund the fee in the end.

"Lawyer Fang, let's do as you said. If you are entrusted to defend in court, how much will the lawyer's fee be?" Peng Huayan said on the spot.

"The lawyer's fee for the first instance is 10 yuan. If there is a second instance, the lawyer's fee for the second instance is 5 yuan." Fang Yi said.

"By the way, Lawyer Fang, how sure are you that you can get the court to sentence him to imprisonment for less than three years in my husband's case?" Tian Caiying asked suddenly.

"Uh... I really can't guarantee you this. Anything can happen during the trial." Fang Yi was taken aback and explained.

"Caiying, do you have anything else to ask?" Peng Huayan looked at Tian Caiying beside him with a little helplessness in his eyes, but the latter did not notice it.

Tian Caiying shook her head.

"Lawyer Fang, let's do as you said. You prepare the formalities, and we will sign and pay today. I will leave the rest to you." Peng Huayan said sincerely.

"Don't worry, I will 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 a defense opinion for Tan Peicai's intentional injury case, and Ma Yi walked in.

"Old Fang, how is your team?" Ma Yi sat on the sofa, took out a pack of cigarettes, and took out one.

"There are three people in total, including an assistant." Fang Yi came to Ma Yi and sat down opposite him.

"Why are you so small!" 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. When the business volume increases later, it will not be too late to hire a lawyer. I am currently looking for a suitable lawyer." Fang Yi said unhurriedly.

"You want to build an elite lawyer team!" Ma Yi nodded, with an expression that I understand, and said.

"How is your team?" Fang Yi asked.

"The quota of three lawyers is already full. In recent years, there have been more divorce lawsuits, and most of the family property divided is high-value property such as real estate, cars, and stocks. Therefore, many lawyers are digging into this business. Don't worry about hiring lawyers. "Ma Yi said proudly.

(End of this chapter)