It was a shocking scene. While on a job site in Polk County, Florida, 22-year-old Nelson Carpio Garcia grabbed a box cutter and attacked his coworker. After the stabbing, Garcia ran away but was quickly captured by police who realized Gracia was in the country illegally.
So, what happens to him now?
A Shocking Scene in Polk County
As reported by NBC WFLA, Garcia and his coworkers were working on building a house in an unincorporated part of Davenport, Florida when trouble ensued.
An argument started between Garcia and another coworker. It is reported that it was over Garcia drinking on the job. The argument escalated, and Garcia grabbed a box cutter which he used to slash the victim in the neck and multiple times in the chest.
After the assault, Garcia ran away. The Polk County Sheriff’s Office K9 and aviation team responded to the scene to search for Garcia. When they found him, he admitted to stabbing the man, and he still had the box cutter on him.
The victim was flown to a nearby hospital where he was treated and released. He is expected to make a full recovery.
When Garcia was arrested, it was discovered that he is an undocumented immigrant, and he was charged with first-degree attempted murder.
Garcia Charged with First-Degree Attempted Murder
In Florida, first-degree attempted murder is covered under Florida Statutes 777.04 and 782.04. By definition, it is a crime wherein the accused tried but failed to kill another person.
For the accused to be convicted of first-degree murder, the prosecution must prove three things.
- There was intent to kill.
- The accused thought about how to kill the person.
- The accused would have killed the person if they hadn’t been stopped.
First-degree attempted murder is a serious charge. In Florida, punishment for attempted first-degree murder is life in prison without parole or potentially, the death penalty.
A criminal defense attorney may try to bring Garcia’s charges down to attempted second-degree murder. Second-degree attempted murder is a charge sometimes referred to as a “crime of passion” as it refers to when someone did not plan out the act to kill someone in advance. It carries the sentencing of up to 15 years in prison.
Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps
How Will Garcia’s Immigration Status Affect His Case?
Right now, it’s unknown how long Garcia has been in the United States or how he entered the country.
Garcia was arrested in August of 2020 for not having a valid driver’s license. At that time, authorities realized Garcia was in the country illegally, and they notified the US Immigration and Customs Enforcement (ICE). Polk County Sheriff, Grady Judd says ICE picked up Garcia after he was booked in the Polk County Jail at that time. It appears as though nothing has changed with his immigration status since then.
With Garcia being here illegally, a few things could happen.
The most likely scenario is that he will remain in custody and face charges here in the US. If he is found guilty, he would remain in the US to serve his sentencing. If he were released at any point, he would likely be deported.
If he is found not guilty, he would also likely be deported.
Garcia’s crime falls into the category of moral turpitude. It was a crime that harmed someone. Typically when an undocumented person commits a crime in the US that is said to involve moral turpitude, they are deportable the minute they commit the offense, even if found not guilty.
Regardless of what happens in Garcia’s case, it is likely that he will either find himself in jail or be deported out of the US.
Related: Do You Need a Lawyer to Get a Green Card?
Get Help with Immigration and Criminal Law
Garcia’s case is disturbing, and he will face criminal charges regardless of being in the US legally or illegally. But for others, having undocumented status can create a lot of problems even if they don’t break any laws.
It’s extremely important to go through the correct processes to get legal status to live and work in the US. If you have any questions about gaining legal immigration status in the US, TJ Grimaldi is here to help. TJ is an immigration attorney who works with a flat-rate fee to provide a predictable pathway to gaining legal status.
TJ Grimaldi is also a criminal defense attorney who can help you if you find yourself involved in a criminal issue. Get an attorney who will stand by your side. Talk to TJ today. Request your consultation or call 813-226-1023.
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