Juvenile X walks up to Juvenile Z and stabs Z several times in the back - one stab wound comes 1 inch from the heart. However, Z lives.

X makes statements afterwards indicating that although he DID NOT want to kill Z, X had been wanting to stab Z for a long time because he wanted to be with Z's girlfriend.

Assuming that X did not want to kill Z, could I still charge X with attempted muder under 19.02(b)(2) -serious bodily injury?

Or, should I just go with aggravated assault considering, that X did not have the intent to kill?

This is a common choice faced by prosecutors. The bottom line is that proving aggravated assault is easier than proving attempted murder. Juries have a hard time inferring intent to kill, even if the defendant used a knife.

So, most prosecutors go with aggravated assault and seek a deadly weapon finding.

When the Punishment Standards Commmission met back in the early 1990's, there was heavy debate over whether the punishment for attempted murder should be the same as murder. After all, why should the defendant get the benefit of a lowered punishment range simply because he didn't finish the job or was saved from a first degree felony by excellent medical care for the victim?

Philosophically, lots of people were sympathetic with upping the punishment. Maybe for something more than a 2nd degree but less than a first degree. In the end, the Commission left it alone.

Every now and then, someone files a bill to move up the punishment range. With aggravated assault, that has been more successful, particularly if domestic violence and a deadly weapon is involved.

What do you think?

I don't know anything about Juvenile Law but wouldn't attempted murder and agg assault dw have the same punishment range of a 2nd degree felony 2-20 yrs?

If that's the case, much easier to prove agg assault with a deadly weapon. Good Luck!

quote:

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X had been wanting to stab Z for a long time because he wanted to be with Z's girlfriend.

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So, that's how you steal a person's significant other. I gotta tell you, if my girlfriend hooked up with my stabber, I might be more than just a little upset.

Ag Ass w/DW.

The only thing going for attempted murder is the name. Go agg assault.

This is just like that back-up punter stabbing the starter in order to get the job. Do people really believe this stuff will work?

You get no advantage from Attempted Murder other than a sexier sounding offense. The only reason I would file an Attempted Murder count along with the Agg Assault would be to put something on the table that I can take back off in plea negotiations.

That is an agg assault case, as said by the others. No reason at all to charge as attp murder. The defense atty, if experienced, will just assume you don't know what you are doing if you charge it as attp murder.