Hit and Run leads to shooting

[WildBill]

he can also be charged with deadly conduct, I think anyway

Aggravated assault carries a higher penalty (2nd degree felony minimum), and don't think they can charge them with 2 charges under same chapter in the penal code. (Not 100% sure about that part though.)

That's Unamerican!

[jbarn]

Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.

Beat me to it!

If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?

No! At least not in Texas.
If it were the law, you would have to prove that the person intended to kill the person.
In this case, the suspect shot at the car, not at a particular person.
It would be hard to prove that the suspect aimed and shot at any particular person with the intent to murder [kill] them.
IANAL, but that is my opinion.

Actually to prove murder you do not have to prove intent to kill.

Texas Penal Code
Sec. 19.02. MURDER. (a) In this section:...
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

Intentionally and knowingly are culpable mental states, and are also defined in the code

Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

[jbarn]

Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.

Beat me to it!

If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?

It certainly could be.

[jbarn]

he can also be charged with deadly conduct, I think anyway

Aggravated assault carries a higher penalty (2nd degree felony minimum), and don't think they can charge them with 2 charges under same chapter in the penal code. (Not 100% sure about that part though.)

I see nothing in the code to limit charges.........

[Keith B]

Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.

Beat me to it!

If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?

It certainly could be.

There is no 'attempted murder' penal code though. They would still be charged with aggravated assault unless the person died from the injury, then it becomes homicide or murder.

[Keith B]

he can also be charged with deadly conduct, I think anyway

Aggravated assault carries a higher penalty (2nd degree felony minimum), and don't think they can charge them with 2 charges under same chapter in the penal code. (Not 100% sure about that part though.)

I see nothing in the code to limit charges.........

Like I said, not sure about that part. Many times they will use the higher charge, then the lesser charge can kick in if they strike a plea deal.

[Oldgringo]

Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.

Beat me to it!

If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?

It certainly could be.

There is no 'attempted murder' penal code though. They would still be charged with aggravated assault unless the person died from the injury, then it becomes homicide or murder.

Thanks, I got it. There is no murder until there is a dead person. Then the question becomes, 'how dead is the dead person'.

[jbarn]

Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.

Beat me to it!

If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?

It certainly could be.

There is no 'attempted murder' penal code though. They would still be charged with aggravated assault unless the person died from the injury, then it becomes homicide or murder.

A person can be charged with attempted murder.

See my previous post for my attempt at an explanation.

[WildBill]

Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.

Beat me to it!

If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?

No! At least not in Texas.
If it were the law, you would have to prove that the person intended to kill the person.
In this case, the suspect shot at the car, not at a particular person.
It would be hard to prove that the suspect aimed and shot at any particular person with the intent to murder [kill] them.
IANAL, but that is my opinion.

Actually to prove murder you do not have to prove intent to kill.

Texas Penal Code
Sec. 19.02. MURDER. (a) In this section:...
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

That is why I said "If it were the law, you would have to prove that the person intended to kill the person."

[jbarn]

Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.

Beat me to it!

If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?

No! At least not in Texas.
If it were the law, you would have to prove that the person intended to kill the person.
In this case, the suspect shot at the car, not at a particular person.
It would be hard to prove that the suspect aimed and shot at any particular person with the intent to murder [kill] them.
IANAL, but that is my opinion.

Actually to prove murder you do not have to prove intent to kill.

Texas Penal Code
Sec. 19.02. MURDER. (a) In this section:...
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

That is why I said "If it were the law, you would have to prove that the person intended to kill the person."

You said shooting a persons eye out would not be attempted murder. Do you disagree it COULD be attempted murder?

[WildBill]

Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.

Beat me to it!

If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?

No! At least not in Texas.
If it were the law, you would have to prove that the person intended to kill the person.
In this case, the suspect shot at the car, not at a particular person.
It would be hard to prove that the suspect aimed and shot at any particular person with the intent to murder [kill] them.
IANAL, but that is my opinion.

Actually to prove murder you do not have to prove intent to kill.

Texas Penal Code
Sec. 19.02. MURDER. (a) In this section:...
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

That is why I said "If it were the law, you would have to prove that the person intended to kill the person."

You said shooting a persons eye out would not be attempted murder. Do you disagree it COULD be attempted murder?

I said

If there is no law of attempted murder in Texas, it can not be attempted murder.

[Dori]

Aggravated assault isn't enough? Maybe they should add gun charges because he lost MPA when he fled the scene.

[WildBill]

Aggravated assault isn't enough? Maybe they should add gun charges because he lost MPA when he fled the scene.

Yes/No.

[Keith B]

Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.

Beat me to it!

If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?

No! At least not in Texas.
If it were the law, you would have to prove that the person intended to kill the person.
In this case, the suspect shot at the car, not at a particular person.
It would be hard to prove that the suspect aimed and shot at any particular person with the intent to murder [kill] them.
IANAL, but that is my opinion.

Actually to prove murder you do not have to prove intent to kill.

Texas Penal Code
Sec. 19.02. MURDER. (a) In this section:...
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

That is why I said "If it were the law, you would have to prove that the person intended to kill the person."

You said shooting a persons eye out would not be attempted murder. Do you disagree it COULD be attempted murder?

They may be attempting to murder the person. However, what is the penal code to charge them with for 'attempted' murder?

[Oldgringo]

{snip}
That is why I said "If it were the law, you would have to prove that the person intended to kill the person."

An acceptable defense would be, 'target practice'?