Salsa Stabbing

An Ohio woman, Phyllis Jefferson, plead guilty to aggravated assault, a fourth degree felony, for stabbing her boyfriend with a pen for eating all of her salsa. Her attorney said that she plead guilty to reduce her sentencing. The boyfriend said that he was eating the salsa in his apartment, when Jefferson started complaining that he was eating all of it. Then she stabbed him with a pen in the pelvis. In the process of getting a knife, she knocked over a television, so he went to catch it. Then Jefferson stabbed him with the small knife in the left side of his stomach. Jefferson's attorney said the argument was over finding out that her boyfriend was a sex offender. Her sentencing will be on January 4th.

Comments from Allen:

So....  In the grand scheme of things, does it matter whether Phyllis stabbed her boyfriend with a pen and a knife because he ate all the salsa or because he is a sex offender?

If the case were to be presented to a jury, the defendant might want to cast her boyfriend in a bad light by telling the jurors about his being a sex offender.  That said, this really has nothing to do with the case, and jurors are intelligent enough to cast this information aside if it is used as a defense.

In any event, this Ohio case is not going to a jury.  This case is about "damage control:" the defendant has engaged in inexcusable criminal behavior, and it was a case that should have been pled down to a lesser offense, if possible, rather than going to trial.

The defense in this case managed to trade a "guilty" plea to aggravated assault, instead of going to trial on a charge of felonious assault.  The difference is very significant.  Felonious assault in Ohio carries a penalty of 3-11 years in prison, and a fine up to $20,000.   The reduced charge carries a penalty of six to eighteen months in prison and a fine up to $5,000.

There is still room, under these parameters, for the defendant to serve a lesser amount of jail than six months, as the judge has the discretion to suspend all or a portion of the sentence.

Significant factors in this case are: the defendant's actual mental condition (is she mentally ill?), her criminal history, and input from her former boyfriend, and the extent to which there was "mutual combat" going on when the stabbings occurred, as the defense claims.



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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://abcnews.go.com/US/wireStory/woman-stabbed-boyfriend-pen-pleads-guilty-35250049

http://www.cleveland.com/akron/index.ssf/2015/11/canton_woman_pleads_guilty_to.html#incart_river_index

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