nightmare69 wrote:Jusme wrote:nightmare69 wrote:Jusme wrote:nightmare69 wrote:I see this as an added charge for an assault on a peace officer.
It is already Aggravated Assault. (possibly attempted capital murder) If they want to increase the penalty for it occurring to LEO, why not just amend that statute?
While I agree that we should do all we can to protect police officers, I don't see this as being more of a deterrent. JMHO
A man walks up and punches a cop you could charge him with assault on a peace officer and hate crime or whatever they will call this law in the penal code.
That's true, but, my point being, if being charged with Aggravated Assault, isn't enough of a deterrent, what will adding on a separate charge do, that can't be done, simply by increasing the penalty of the Agg. Assault? If someone is going to attack a police officer, they probably don't care that they will also be charged with a hate crime. There is no burden of proof for motive, in the Aggravated Assault statute, so why try to pass a law that would require one? Intentionally, knowingly, or recklessly, if any one of these criteria are met, then the charge can be applied. There is no need to delve into a person's emotions. JMHO.
It's not going to be a deterrent for some scumbag. The only purpose it will serve is to keep the scumbag locked up awhile longer.
You can accomplish the same thing by amending the penalty, Agg Assault Peace officer, to require either a mandatory sentence, or a longer sentence.