How Did He Commit Crime
1. Did she commit a crime? If so, what crime?
Yes. She absolutely committed a crime. Based on the facts, it appears that she committed the crimes of possession of a weapon for an unlawful purpose, aggravated assault, and attempted homicide. Although she may have legally possessed the weapon and perhaps was even justified in brandishing it, she later unlawfully uses it when she fired at her boyfriend and his friend committing the aggravated assault and the attempted homicide.
2. Did he commit a crime? If so, what crime?
Yes. He committed a crime. First he committed the crime of violating the restraining order when he showed up at her house. He knowingly and intentionally showed up at her house to confront her. He did not just happen upon her by chance. As he was banging on the door and cursing he was also acting in a disorderly and threatening manner. By lunging at her twice, he committed the crime of assault. Even though he did not physically strike her the act of lunging towards her constitutes an assault. Furthermore, since the two had a prior dating relationship, had children together, and based on his actions and the circumstances he also committed an …show more content…
The attempted murder charge is justified. Her initial actions of carrying a firearm to the door, brandishing it, and threatening to shoot were certainly justified. Even the firing of the first round after he lunged at her is likely even justified under the circumstances that unfolded that day. However, the second and third shot were fired at a time after he lunged at her and when he was, in fact, in the process of being forced to retreat by his friend and was thirty feet away from her. Based on the facts, her former boyfriend was not a threat at the time the second and third shots were fired. Furthermore, these shots were also in the direction of the friend who at no time displayed any malice or threat towards her. Clearly, her actions support probable cause to justify the charge of attempted
Yes. She absolutely committed a crime. Based on the facts, it appears that she committed the crimes of possession of a weapon for an unlawful purpose, aggravated assault, and attempted homicide. Although she may have legally possessed the weapon and perhaps was even justified in brandishing it, she later unlawfully uses it when she fired at her boyfriend and his friend committing the aggravated assault and the attempted homicide.
2. Did he commit a crime? If so, what crime?
Yes. He committed a crime. First he committed the crime of violating the restraining order when he showed up at her house. He knowingly and intentionally showed up at her house to confront her. He did not just happen upon her by chance. As he was banging on the door and cursing he was also acting in a disorderly and threatening manner. By lunging at her twice, he committed the crime of assault. Even though he did not physically strike her the act of lunging towards her constitutes an assault. Furthermore, since the two had a prior dating relationship, had children together, and based on his actions and the circumstances he also committed an …show more content…
The attempted murder charge is justified. Her initial actions of carrying a firearm to the door, brandishing it, and threatening to shoot were certainly justified. Even the firing of the first round after he lunged at her is likely even justified under the circumstances that unfolded that day. However, the second and third shot were fired at a time after he lunged at her and when he was, in fact, in the process of being forced to retreat by his friend and was thirty feet away from her. Based on the facts, her former boyfriend was not a threat at the time the second and third shots were fired. Furthermore, these shots were also in the direction of the friend who at no time displayed any malice or threat towards her. Clearly, her actions support probable cause to justify the charge of attempted