What's the difference?

[disabledvetswife]

Okay, so I was watching some show called I Survived (or something like that)...and it's about people who survived horrific tragedies.

On two of the stories, both women were shot and both perpetrators were charged with aggravated assault and not attempted murder?

In one of the cases, the guy even told the 911 operator he was going to kill the victim, then kill himself.

I googled it and generally it appears the difference boils down to "intent".

I'm still confuzzled....is it because both women were shot in the leg (well, one in the knee) instead of say...shot in the head?

[Smee]

Just speculating, but I think it probably depends on where and when it happened. In my state, for some years prior to '07, they didn't really file attempted murder charges. Here's a quick link I found addressing it:

Attempted Murder is Back!
FRIDAY, 28 SEPTEMBER 2007 14:29 KELLY BURKE
Attempted murder is back in the news. For years, one never saw the charge of “attempted murder” being lodged against someone who had shot or stabbed someone.

The reason was that Georgia law was a bit archaic in how it punished “attempted murder”, with a punishment that had a maximum of 10 years in prison. As a result, prosecutors instead went with aggravated assault or aggravated battery, which has a 20 year maximum prison sentence. Plus aggravated assault or battery is far easier to prove since all the prosecutor has to prove is intent to harm, not intent to kill. Long story made short, prosecutors simply never charged attempted murder because it wasn’t worth the trouble.
That has changed with the enactment of a new Georgia law that went into effect on July 1, 2007. As of that date, anyone charged with “attempted murder” is facing up to 30 years in the state prison system. Naturally you can expect prosecutors to be using attempted murder far more frequently than in the past because now the sentence fits the crime. The Legislature probably settled on 30 years for “attempted murder” since a defendant is now first eligible for parole on a murder conviction after 30 years (previously, it was 14 years).

So now you know why attempted murder was not charged before, but is charged more frequently now.

No Harm, No Foul? Why Aren’t More People Charged With Attempted Murder? @ Crime Victims Media Report

I didn't take the time to validate it, but I do know that a few years ago, attempted murder was unheard of in court around here, but not aggravated assault or aggravated battery. I watched my biological father slit his (then) wife's throat and dang near kill her, and he openly admitted he was trying to kill her, but we were told they simply didn't file attempted murder charges. That was in the mid 90's.

Anyway, I reckon other states may have similar laws? Just speculating.

[faeryedark]

On a slightly different note, there was a girl i know of that set another girl's hair on fire w/ alighter during an arguement. she got a harrasment charge and not an assault charge. I still don't get it.
Sometimes the law makes no sense.

[jrobertson911]

Intent for murder in Virginia is a specific intent crime. That means you have to INTEND on KILLING the person. Whether you actually kill them or not is beside the fact. The suspect must have a reasonable expectation that his actions will result in the death of the victim, in addition to the specific intent, to justify a charge of murder instead of malicious wounding or aggravated assault.

If he aimed for the leg, you can't really prove intent and reasonable expectation of death. If he aimed for the head, but missed and hit the leg, you could have a charge of attempted murder.

Basically, each state has different statutes on what constitutes intent, reckless action, etc and the charges placed on the suspect would be determined by the facts of the case and the information about the suspect's actual intent.

Hope that helps!