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Originally Posted by IRISHMAFIA
Warned several times, thrown out of the game and then knocks the referee unconscious and they are only CONSIDERING charges?
I'm not big on ambulance chasers, but I hope someone convinces this kid to step forward and DEMAND charges. Not only is there the assualt on a sports official, but there should be a few other charges that could be drawn.
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They will charge.. they are considering WHAT to charge.
Im not familiar with Texas law but in CA (which is surely very similar, and we also have the "referee law"..
In CA assault on an official is a separate crime similar to Tx.. and that looks like what was discussed in the article.
While I often see posted/hear discussed "assualt on a ref is a felony etc" .. in most (if not all) states, including CA, it is actually a Misdemeanor charge, which isnt even enhanced from a normal Misd charge of assault/battery.
It doesnt mean they are limited to that depending on the circumstance.
I.E.
How charges CAN go are:
Count I
such and such PC, a Felony (battery causing or intent to cause serious bodily injury) etc etc
Count II
Some other related assault/battery intent type charge, a Felony, blah blah blah
Count III
assault on a referee, a Misdemeanor - blah blah blah.
The most serious charge will lead the filing.
If it is serious, the defendant will get held to answer; an Information filed; and the case moved to Upper Jurisdiction (facing prison time etc) ..
Then the plea and/or trial - all that crap all applies, depending on what the DA/Defense work out.
The point is, just because assault/battery on a ref is a seemingly weaker charge .. and it is (mostly lip service IMO)- it doesnt mean the DA is limited to that charge.. all other laws still apply (this will please Dakota CecilOne to know), and if they find cause, they can simply tack that on the list of other charges.
It is more than common (in fact probably most cases) to have felonies leading misdemeanors in cases..
I.E.
Count I
Felony Flee/Evade
Count II
Felony DUI
Count III
Misd Wreckless Endangerment
Count IV
Misd Driving while suspended
Even farther..
Count V
Speeding, an infraction
Thats just how it is done.
Nothing is negated by having a "Ref" Law.