Formerly known as xpd54.
The opinions expressed in this post are my own and do not reflect the opinions or policies of my employer.
www.gunsnobbery.wordpress.com
Formerly known as xpd54.
The opinions expressed in this post are my own and do not reflect the opinions or policies of my employer.
www.gunsnobbery.wordpress.com
That is what we'd call "a bad shoot."
A lot easier to prove a misdemeanor. At least here. It’d be negligent assault.
http://codes.ohio.gov/orc/2903.14v1
A lot easier to prove the mens rea of negligence required in the misdemeanor vs. the mens rea of knowingly in the more serious felonious assault.
You could try for aggravated assault, a lower felony, but still harder to prove since you also have to prove it was brought on by sudden passion or a sudden fit of rage.
2903.12 Aggravated assault.
(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code
Last edited by Lon; 12-10-2017 at 07:17 PM.
Formerly known as xpd54.
The opinions expressed in this post are my own and do not reflect the opinions or policies of my employer.
www.gunsnobbery.wordpress.com
Holy backwards definition batman...
Aggravated Assault:
A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.
I'd say shooting a firearm into a vehicle which is not actively attempting to hit anyone at a person who is not attempting to actively kill anyone is most of the above definition.
Last edited by Gray222; 12-10-2017 at 07:31 PM.
The more I think about it, a case could be made for the more serious misdemeanor of assault due to recklessness if the jury determined a flesh wound to the leg was “serious physical harm”:
I think we’ve seen and will continue to see juries not convicting cops when they feel the prosecutors “over charge”.2903.13 Assault.
(B) No person shall recklessly cause serious physical harm to another or to another's unborn
Last edited by Lon; 12-10-2017 at 07:54 PM.
Formerly known as xpd54.
The opinions expressed in this post are my own and do not reflect the opinions or policies of my employer.
www.gunsnobbery.wordpress.com