Aggravated Assault?

[sat500]

if somebody attemps to run you over with their car..is that agg assault because they attempted to cause SBI using a deadly weapon? There is no attempted agg assault is there?

[TPDHellhound]

It depends on the intent. Most cases involving a vehicle "intending' to run someone over actually involves some idiot standing in front of a vehicle as a person's trying to leave with the intent to stop or delay that person. And when the car nearly strikes them the person screams, "he tried to run me over!" (I say he, but usually this occurs in a DV situation where the guy is bullying the girl by trying to prevent her from leaving).

If a person intends to injure someone with a car, then yes, this is agg assault. But usually there's more underlying detail to the question, "if somebody attemps to run you over with their car..is that agg assault..?"

[scott715us]

It would be agg assault in TN if there was good proof of intent. If there was obvious recklessness without intent, then it would be agg reckless endangerment, which is also a felony.

[txinvestigator1]

**Sigh** What state?

[nypd7748]

**Sigh** What state?

He is in Texas.

http://forums.realpolice.net/showpos...98&postcount=1

[txinvestigator1]

He is in Texas.

http://forums.realpolice.net/showpos...98&postcount=1

Thanks for looking. It gets old having to research to answer questions.

Texas Penal Code
§22.02. Aggravated assault.

(a) A person commits an offense if the person commits assault
as defined in Section 22.01 and the person:

(1) causes serious bodily injury to another, including the
person's spouse; or

(2) uses or exhibits a deadly weapon during the commission of
the assault.

1.07
(17) "Deadly weapon" means:

(A) a firearm or anything manifestly designed, made, or adapted for
the purpose of inflicting death or serious bodily injury; or

(B) anything that in the manner of its use or intended use is
capable of causing death or serious bodily injury.

Texas does have a clause for "attempted" crimes;


§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.

(b) If a person attempts an offense that may be aggravated,
his conduct constitutes an attempt to commit the aggravated offense if
an element that aggravates the offense accompanies the attempt.

(c) It is no defense to prosecution for criminal attempt that
the offense attempted was actually committed.

(d) An offense under this section is one category lower than
the offense attempted, and if the offense attempted is a state jail
felony, the offense is a Class A misdemeanor.

[vengeance05]

**Sigh** What state?

LOL, I was thinking the exact same thing.

[hitnrun]

That's Assault with a Deadly Weapon in CA. We don't really have an Agg. battery section.

245. (a) (1) Any person who commits an assault upon the person of
another with a deadly weapon or instrument other than a firearm or by
any means of force likely to produce great bodily injury shall be
punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment.