TexasCHLforum.com

Keith B wrote:

VMI77 wrote: I get what you're saying but I don't think there is any ambiguity in this case. Shooting into a vehicle you know to be occupied is attempted murder. I don't think there is any mystery about intent here. His actions tell us all we need to know about his intent. He may now claim he only intended to "scare" her....but his actions belie such a claim.

There is no such thing as attempted murder in Texas. There is criminal attempt, in penal code 15

§ 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense if, with specific intent to
commit an offense, he does an act amounting to more than mere preparation that tends but fails to
effect the commission of the offense intended.

The mens rea (mental state) is specific intent to commit an offense. For instance, the mens rea of attempted murder is
the same as the mens rea of completed murder. The offender must have the specific mens rea of the
attempted offense.

Texas courts have held that the language “with specific intent” precludes attempts to commit crimes of
recklessness or criminal negligence. Thus, for instance, there can be no crime of attempted criminally
negligent homicide or attempted manslaughter.

So, basically I think they will stick with the current aggravated assault charge which is a 2nd degree felony.

MechAg94 wrote:

AlaskanInTexas wrote:As far as I am concerned, if you fire four rounds into the back of someone's car for no reason other than being cut off, you deserve the same penalty as murder would bring. For the life of me, I don't know why bad shots get dealt more leniency than good shots.

I bet that guy's ears are still ringing. Setting off a .45 inside my car is just about the last thing I ever want to do, let alone four times.

No. Punishment is based mostly on what actually was done as it should be. If you go by intent, you will have to start guessing and imagining what you think the suspects intent was. There isn't anything beyond a reasonable doubt in that.

Keith B wrote:I am sure he will be charged with Deadly Conduct under Texas Penal Code § 22.05. http://codes.lp.findlaw.com/txstatutes/PE/5/22/22.05" onclick="window.open(this.href);return false;