Article Review: Criminal Law

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On Christmas Day of 2021 in South Texas, Ingleside police received a 911 call from a man threatening to kill somebody. When officers finally arrived at the site of the call, they soon found themselves under gunfire. After some distant confrontation with the police, the suspect struck his neighbor over the head with the gun, stole the neighbor’s vehicle, and drove it to nearby Portland where the vehicle was eventually abandoned for another vehicle, which has been determined to have been stolen at gunpoint. Afterwards, Portland police notified the Ingleside officers that the suspect had barricaded himself in a 24-hour emergency clinic with staff. Officers arrested 29-year-old Jorge Puente at the scene. According to an article by Fox News, Puente is currently facing a list of charges, which includes aggravated assault, aggravated robbery, unauthorized use of a motor vehicle, unlawful carrying of a weapon, possession of marijuana, and others. Pilar Arias, Texas man's alleged Christmas crime spree includes attempted capital murder charge, Fox News (Dec. 28, 2021), https://www.foxnews.com/us/texas-mans-alleged-christmas-crime-spree-includes-attempted-capital-murder-charge.

There is a number of ways to analyze this case regarding criminal law and concepts. However, this article review will focus on the crime of aggravated assault specifically. It is possible to find out whether or not Puente committed an aggravated assault by first defining what an aggravated assault is. Daniel Hall writes, “The assault is aggravated if the assault or battery is committed while the actor is engaged in committing another crime.” Daniel E. Hall, Criminal Law and Procedure 4-3a (7th ed. 2015). An assault or battery can also be considered “aggravated” if the person being assaulted is of a special status such as a police officer or public official. Id. Since this case takes place in Texas, it is important to analyze Texas law, as well. According to the Texas Penal Code, an actor has committed an aggravated assault if the act had caused serious bodily injury, or the actor uses or exhibits a deadly weapon during the act. Tex. Penal Code § 22.02(a) (2021). Also, if the actor presumes to know that the person they are assaulting is a public servant, then the assault can be increased to the status of aggravated. Id. § 22.02(c) (2021). Therefore, in this case, it can be found that Puente had committed at least one, or more, counts of aggravated assault. Not only did he commit several other crimes that night, but he also fired a gun at a police officer, which qualifies as an assault on a public servant with a deadly weapon. Also, from what is known, Puente struck his neighbor over the head while brandishing a firearm, which qualifies as an assault with a deadly weapon.

In conclusion, by examining what constitutes an aggravated assault, it is easier to infer whether someone did or did not commit a crime. In Puente’s case, his actions that night definitely fall under the requirements needed in order to be charged with this specific crime.

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