How is that not assault with a deadly weapon?
Or vehicular assault, which is its own category?
No, in the state of Virginia, it is not.
Oh, interesting - it seems you are right; I stand corrected.
If you read the article:
Thernstrom was initially charged with attempted malicious wounding and destruction of property.
That’s Va. Code § 18.2-51, which is functionally what you’re talking about.
As to why the charge was reduced, the article doesn’t say, and I assume the author doesn’t know, as the article says many of the records are sealed.
How is this not attempted murder, even if the victim was relatively unharmed?
The actual intention to commit homicide has to provably exist in the mind of the accused for it to be murder. When no intent to kill can be proven, but a person engages in hostile, aggressive conduct that a reasonable person would understand creates a risk of death, most criminal justice systems use charges based on recklessness, criminal negligence, or extreme indifference to human life, rather than intentional homicide.
This should really be in the sidebar of this com, it comes up in nearly every thread.
I didn’t intend to kill him. I just recklessly shot him fifteen times.
I didn’t expect the bullets to kill him, just thought I’d teach him a lesson.
Have you seen how many shots it takes to kill enemies in video games? I was just trying to make him uncomfortable! I didn’t even aim for the head!
