06-04-2015, 08:07 AM
Attempted Murder, alright.
It seems as though the police and DA's office have ruled out any claims that the shot fired was intended only to scare, or they have enough evidence to cast doubt on any such claims and can use the attempted murder charge as leverage to elicit guilty pleas on the felony assault charges. In any case, I think it was smart that LE didn't overcharge initially or show more of their hand than they needed to.
I think Ramirez and the Clarkes will need to be arraigned again on the new charge soon. I wonder if the attempted murder charge is first or second degree and whether their bails will be upped?
They're all facing a lot of serious charges now, with many many years potentially behind bars if convicted on all of them and sentenced consecutively -- especially John with the firearm charges and his previous record.
Here are penalties generally associated with Attempted Murder
Most jurisdictions have degrees of attempted murder charges.
A first-degree attempted murder charge requires premeditation or a willful act; a second-degree attempted murder charge is any other act that is not planned or deliberate.
First-degree attempted murder carries greater penalties and often means a life sentence with the possibility of parole. Offenders typically spend at least 10 years in prison.
Second-degree attempted murder penalties usually range from five years to 15 years in many states, depending on whether serious injury was inflicted. Sentences can be for longer periods if a firearm was used or if the crime was committed by a gang member or at the direction of a criminal gang. A prior criminal record will also enhance a sentence.
It seems as though the police and DA's office have ruled out any claims that the shot fired was intended only to scare, or they have enough evidence to cast doubt on any such claims and can use the attempted murder charge as leverage to elicit guilty pleas on the felony assault charges. In any case, I think it was smart that LE didn't overcharge initially or show more of their hand than they needed to.
I think Ramirez and the Clarkes will need to be arraigned again on the new charge soon. I wonder if the attempted murder charge is first or second degree and whether their bails will be upped?
They're all facing a lot of serious charges now, with many many years potentially behind bars if convicted on all of them and sentenced consecutively -- especially John with the firearm charges and his previous record.
Here are penalties generally associated with Attempted Murder
Most jurisdictions have degrees of attempted murder charges.
A first-degree attempted murder charge requires premeditation or a willful act; a second-degree attempted murder charge is any other act that is not planned or deliberate.
First-degree attempted murder carries greater penalties and often means a life sentence with the possibility of parole. Offenders typically spend at least 10 years in prison.
Second-degree attempted murder penalties usually range from five years to 15 years in many states, depending on whether serious injury was inflicted. Sentences can be for longer periods if a firearm was used or if the crime was committed by a gang member or at the direction of a criminal gang. A prior criminal record will also enhance a sentence.