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**Crimebytes2** · 07-02-06, 02:53 AM

I have a question. I was watching one of those cop shows earlier tonight (I can't remember which one it was, there are so many, but it was on Spike). Anyway, an officer was in pursuit of a vehicle (not sure why) driven by I'm not sure who. When the jerk finally decides to stop in someone's backyard, he exits the vehicle and starts shooting at the officer who is still sitting in his cruiser. Although the officer is hit in the hand (he survives) the jerk is apprehended without further incident. He is charged with aggravated assault and sentenced to eight years in prison. My question is this... why wasn't he charged with attempted murder? I’m not a LEO, but in my book this was no accident... he clearly aimed his weapon at the officer and was shooting at him. Had the officer not survived the jerk would have been charged with murder. What am I missing?

**General Patten** · 07-02-06, 03:40 AM

good question... maybe he gave some info in exchange for a lesser charge... he still shouldve been charged with more than aggravated assault though...

**lesta311** · 07-02-06, 03:55 AM

It depends on the particular state they are in. In NC, that would be considered assualt with a deadly weapon, inflicting serious injury, with intent to kill. That's the state statute. Aggravated assualt is a rather broad, blanket term used to describe serious assualts with criminal motive.

**JohnnyRotten** · 07-02-06, 04:20 AM

Or perhaps he saved time and expense by brokering a plea agreement.

**Piggybank Cop** · 07-02-06, 09:24 AM

It’s only a cop and they are expected to get beat up shot and various other indignities heaped on them for all that money the taxpayers pay them to do their job; but not bother the afore mentioned tax payers when they do something “just a little bit illegal” and get out there and catch the “real” criminals.

Any more things I can help you understand?

**TheOldRhino** · 07-02-06, 11:14 AM

Originally Posted by 1sgkelly

It’s only a cop and they are expected to get beat up shot and various other indignities heaped on them for all that money the taxpayers pay them to do their job; but not bother the afore mentioned tax payers when they do something “just a little bit illegal” and get out there and catch the “real” criminals.

Sadly, that's probably closest to the correct answer. 8 years for shooting a cop. When stat rape gets you 9 years down here. Good to know the lawbrokers are looking out for us.

**conalabu** · 07-02-06, 11:32 AM

I am suprised he got that much. I bet he gets early for good behavior.

**Crimebytes2** · 07-02-06, 12:31 PM

Originally Posted by 1sgkelly

It’s only a cop and they are expected to get beat up shot and various other indignities heaped on them for all that money the taxpayers pay them to do their job; but not bother the afore mentioned tax payers when they do something “just a little bit illegal” and get out there and catch the “real” criminals.

This is so

up! This is why I don't watch many cop shows... the good guys lose too many times. Sure, they usually get the bad guys, but in the end, the bad guy always gets off. It's just not right.

If the situation had been reversed (the cop shot the jerk), the cop surely would have been hung out to dry.

Originally Posted by 1sgkelly

Any more things I can help you understand?

Well, I did have several other questions, but your response pretty much sums it up for me. Thanks, kelly and to everyone.

**Jks9199** · 07-02-06, 01:14 PM

Almost all of the shows on Spike (Wildiest Police Chases, etc.) are shown from an entertainment standpoint, not a training or accuracy or even documentary standpoint. So... the "charged with" might actually be "convicted of after charges were reduced."

And, they might not have been able to prove murder (the deliberate, premeditated killing of a human being with malice aforethought), either as an attempt or otherwise, given the facts of the case. It's not always easy, and common sense doesn't necessarily enter into it.

**dlefdal** · 07-02-06, 02:49 PM

I've got news for you CB. It's not jus tlike that on tv, it's like that in real life too.

There are so many different possibilities as to why he ended up getting convicted of that charge. Plea agreement, piss poor district attorney or better yet, maybe the tv show didn't get it right and just told you that he was convincted of aggrivated assault. They might not have gotten the facts right.

If you plan on being a cop, start getting used to it now. It's like getting kicked in the nuts.

**TXCharlie** · 07-02-06, 07:55 PM

I'm probably getting in over my head, but some of the answers sound on target - In Texas, it looks to me like Aggravated Assault against a public official is a 1st Degree Felony, but attempted murder is only a 2nd degree felony, if I'm reading it right (attempted offenses generally drop down a notch from the actual offenses).

This may fly as attempted Capitol Murder since it's against a Peace Officer, which may also be a 1st Degree Felony, but is there such a thing as attempted Capitol Murder? I'm not sure, but may be much harder to prove, as someone said, and wouldn't gain anything in terms of punishment.

**narcodog** · 07-03-06, 10:29 PM

Some states including this on don't have a charge of attempted murder, it is aggravated assault. We now have a seperate charge of ag.assault on a L.E. which carries a heaver load.

**refusetostop** · 07-05-06, 07:17 PM

No attempted murder charge in this state. Agg Assault

16-5-21
(c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

**Radar** · 07-06-06, 03:39 PM

Some state DA's will charge someone they demand to have in jail, with the next charge down from what they actually did, in case they feel the case may not be strong enough for the most heineous charge. So you may get charged with aggravated assault instead of attempted murder because the DA is concerned he might not win a case of attempted murder, but he knows he can spin it over the top for aggravated assault. Does that make sense?

**Pedro56** · 07-06-06, 03:44 PM

If it was here, the states attorney would have denied the charges saying, "you were shot in the hand, if he was trying to kill you he would have shot u in the chest or the head. I'll approve charges on Agg Battery to PO with a handgun"

**Hannibal** · 07-06-06, 04:09 PM

Originally Posted by 1sgkelly

It’s only a cop and they are expected to get beat up shot and various other indignities heaped on them for all that money the taxpayers pay them to do their job; but not bother the afore mentioned tax payers when they do something “just a little bit illegal” and get out there and catch the “real” criminals.

Any more things I can help you understand?

Unfortunately true. It was probobly a combination of the "its only a cop" factor combined with a plea to a lesser charge, or it is the misinformed (media) personnel who was narrating the story. (The info of the charge that is, the time is probobly right and will surely be reduced later.) Too bad the cop didn't smoke the fool to begin with.