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Possible multiple Felony charges -- Research for another book

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  • Possible multiple Felony charges -- Research for another book

    I have a character in a new novel who has been convicted of multiple crimes and is in prison. I'm presuming he can be charged with multiple counts of something on the same person if they occured at separate times.

    This character gets 2 friends to help him rape and murder someone. The character attempts to rape the victim. One of the friends has a gun and wounds the victim. The other friend has a knife. The 2 friends are killed by the victim who though wounded is able to shoot both in self defense.

    After several months the character tracks down the victim by himself intending to murder them with a knife. He doesn't succeed but is apprehended by the police inside her house at that time.

    So for the 1st instance do I say the character attempted rape or sexual assault? Could he also by charged with attempted murder here? Or would he only be an accessory to commit even though it was his idea?
    For the 2nd attempt he will be charged with breaking and entering and attempted murder.

    Thank you

  • #2
    Originally posted by 1Redhawk View Post
    I have a character in a new novel who has been convicted of multiple crimes and is in prison. I'm presuming he can be charged with multiple counts of something on the same person if they occured at separate times.

    This character gets 2 friends to help him rape and murder someone. The character attempts to rape the victim. One of the friends has a gun and wounds the victim. The other friend has a knife. The 2 friends are killed by the victim who though wounded is able to shoot both in self defense.

    After several months the character tracks down the victim by himself intending to murder them with a knife. He doesn't succeed but is apprehended by the police inside her house at that time.

    So for the 1st instance do I say the character attempted rape or sexual assault? Could he also by charged with attempted murder here? Or would he only be an accessory to commit even though it was his idea?
    For the 2nd attempt he will be charged with breaking and entering and attempted murder.

    Thank you
    Who the Hell would think that story is entertaining?

    Comment


    • #3
      Were these crimes committed while the offender was in drag or wearing regular street clothes?
      Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

      Comment


      • #4
        Originally posted by Aidokea View Post

        Who the Hell would think that story is entertaining?
        Thanks for asking.

        I'll go with anyone who enjoys reading: Ann Rule, James Patterson, Dominick Dunne, John Grishom, Sue Taylor Grafton, Robert Randisi, Agatha Christie, Arthur Conan Doyle, etc.

        The True Crime and Police/Detective genres are popular with 25 to 40% of the World's population. Truman Capote's 1965 novel 'In Cold Blood' has sold over 1 million copies.

        Comment


        • #5
          I’m not reading this one

          Comment


          • #6
            Originally posted by HI629 View Post
            Were these crimes committed while the offender was in drag or wearing regular street clothes?
            Can you legit explain why this would be relevent?

            Comment


            • #7
              Forgive me if you already know this. LEOs put charges on suspects. The courts (DAs, ADAs etc) may add, take away, or combine charges. Familiarize yourself with terms like 'lesser included.' This will very much depend on the jurisdiction.

              Not all jurisdictions have 'Assault and Battery.' They are separate charges. Another example is 'attempted murder.' This is considered 'aggravated battery' where I worked, depending on the extent of injuries.

              I would research the charges put on perps in the area that the story takes place in. Check the local media. Also, some Corrections depts have inmate locater sites. After conviction, the inmates' charges and sentences are posted. Research the background stories of the ones that have convictions that would be similar to your subject. I started search with:
              Find an Offender | GDC (ga.gov)
              White Female, aged 17-20.
              Only name that came back:

              NAME: WALTON, CANDACE LOUISE

              GDC ID: 1003066135

              Googled the name and got this:


              Teen Admits to Killing Mom, Brother in Fire Before Driving to Her Boyfriend (newsweek.com)

              Obviously, you have to look in the jurisdiction where the conviction took place or the charges won't be accurate.
              Also, I've found that different areas have different terms for the District Attorneys, Asst. District Attorneys etc.

              Hope this helps.


              Last edited by Zeitgeist1; 10-01-2022, 01:18 PM. Reason: Typing before drinking enough coffee

              Comment


              • 1Redhawk
                1Redhawk commented
                Editing a comment
                Thank you, this is very helpful. I'll check out the locator link.

                For the aggravated battery where you worked, if you wanted to charge someone for this but where unable to locate them the first time but they repeated the crime on the same victim within a narrow-ish timeframe and you WERE able to catch them the second time, would that person be charged with 2 counts of the same crime?

              • Zeitgeist1
                Zeitgeist1 commented
                Editing a comment
                Absolutely. Two separate incidents = 2 separate charges. If I had probable cause for an Aggravated Battery charge, I'd swear out a warrant. Same if there is a second incident. Just add another warrant.

            • #8
              Agreed ^^^^^^^

              For the sake of clarity, I still haven’t read the original thread, only the comments,…..ha!

              Certainly be sure to check the local statutes of the story location. When I was a young Academy member in 1988, I was Shocked to learn that, at least in Louisiana, “Assault and Battery”, was in fact NOT a charge.

              I had heard “Assault and Battery” my whole life, how could that Not be a charge?!?! Again, at least here, these are two separate charges, you pick one of the two. You took a swing at someone and either made contact, Battery, or missed, Assault; either or, going with the greater charge; I was shocked, lol.

              Comment


              • Zeitgeist1
                Zeitgeist1 commented
                Editing a comment
                Exactly. I had the same reaction about Assault and Battery. There is no 'Breaking and Entering' charge here either.

              • Joe2845
                Joe2845 commented
                Editing a comment
                We have Breaking and Entering in Ohio, but it isn't exactly what you might think it is. It's "trespassing with the purpose of commiting a felony or theft offense."

              • NolaT
                NolaT commented
                Editing a comment
                Burglary down here

            • #9
              How about a story about a bunch of cops that get together after work to consume large amounts of alcohol?

              Oh wait, that happens all the time, and it became a book and a movie...

              Comment


              • #10
                As noted above, the prosecutor does what they want to do.

                In the first case, maybe attempted rape (if they think they can prove it), maybe abduction if the defendant is moved from one place to another against their will (can be from one room to another in the same house). In Ohio, he'd probably also catch a murder charge because one of his coconspirators was killed during the commission of a felony. As far as the second offense, probably a burglary charge. Anything else depends on what they think they can prove.

                Comment


                • Zeitgeist1
                  Zeitgeist1 commented
                  Editing a comment
                  Here, the perp could pick up a possession of a weapon in commission of a felony, Party to a crime, def. Felony murder for the death of the co-conspirator.

                • 1Redhawk
                  1Redhawk commented
                  Editing a comment
                  Thank you for telling me about a murder charge for the co-conspirators death. It was a bit confusing trying to decipher the difference between 2nd degree murder and 2nd degree manslaughter in regards to a 3rd party in the penal law codes. I'd saved the page the re-read it but I won't need to now.

              • #11
                As noted, different states have different laws. We don't have Assault and Battery, 2nd Degree Murder, or 2nd Degree Manslaughter.

                Comment


                • #12
                  How about a story about a young rookie deputy in Florida that violated departmental policies by looking up a female arrestee using official law enforcement only computer databases just because he thought she was hot, hooking up with her, getting in a loud drunken domestic with her in a couple of bars, knocking her down causing injury, getting arrested for domestic violence, contacting those involved in his arrest in violation of a direct order not to contact them, continuing to hook up with the female offender, resigning in lieu of termination, and then whining about it on a law enforcement web site using his real name, but entirely confabulating the story into something that bears no resemblance to reality?

                  Just a thought...

                  Comment


                  • westside popo
                    westside popo commented
                    Editing a comment
                    I thought he used the dating app call DAVID?

                  • not.in.MY.town
                    not.in.MY.town commented
                    Editing a comment
                    Cut the guy some slack. He just can't resist women with ankle monitors.

                  • Aidokea
                    Aidokea commented
                    Editing a comment
                    Oh, I forgot the part about him getting caught by the police with illegal drugs in his car.

                • #13
                  No comment,……..

                  Comment


                  • Aidokea
                    Aidokea commented
                    Editing a comment
                    I crack me up sometimes...

                  • NolaT
                    NolaT commented
                    Editing a comment
                    Ha,……..touchy subject, still lukewarm.

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