Oscar Papa is charged with two counts of murder in the second degree for ordering the murder of Olivia and her son Noah by stabbing them with machetes and making them suffer. He should be charged with one count of attempted aggravated murder for Noah, as intentionally causing the death of a minor under the age of 14 in a cruel and wanton manner (torture) constitutes aggravated murder. As for Olivia he should be charged with attempted murder in the first degree as Oscar knew she is a police officer and he also ordered her to suffer (torture) prior to dying, intentionally causing the death of a police officer and intentionally killing someone in a cruel and wanton manner both constitute murder in the first degree. There is a big difference sentence wise, attempted murder in the second degree is a class B felony with a sentence of 5-25 years in prison; both attempted murder in the first degree and attempted aggravated murder are class A-II felonies and for a prior felon carry a minimum sentence of 20 years and a potential maximum of life.