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Quote:

Originally Posted by Matt (Post 836797)

I don't think he's arguing so much as just stating. For the record, Minnesota considers either the threat or the act as assault, as well.

I know, but just sayin'....;)

I am glad to see there were consequences.

Whether we want to call it battery or assault (as in the state of PA), this was a shameful act.

Quote:

Originally Posted by Dave Reed (Post 836623)

Sorry Rita, I can 't resist......

For sure this is not assault, which is the crime of causing someone to fear violence may be done to them. In this instance, one can make a case for battery, which is actual violence.

Depends on your state. Minnesota does not have a battery statute. So in MN, it would likely be assault.

No idea about Arizona criminal code.

Here's Minnesota's statute:

Assault 5

Subdivision 1.Misdemeanor. Whoever does any of the following commits an assault and is guilty of a misdemeanor:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (Key word there)

(2) intentionally inflicts or attempts to inflict bodily harm upon another.

It would likely be the lowest form of assault UNLESS the victim breaks a bone due to his behavior then it ups the ante a bit in MN anyway:

Then it would bump up to Assault 3 and I think that would be a felony.

Subdivision 1.Substantial bodily harm. Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Definition of Substantial Bodily Harm: Subd. 7a.Substantial bodily harm. "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.

Definition of Felony: Subd. 2.Felony. "Felony" means a crime for which a sentence of imprisonment for more than one year may be imposed.

Arizona Statutes

13-1203. Assault; classification

A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

Around here he would be a CSSOB, and would likely never play again.

Quote:

Originally Posted by DG (Post 836996)

Around here he would be a CSSOB, and would likely never play again.

I think that's true throughout the country.