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  #1 (permalink)  
Old Mon Apr 09, 2012, 07:19pm
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Think this is MC?

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Old Mon Apr 09, 2012, 07:52pm
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Originally Posted by SNIPERBBB View Post
No, it's assault.

Rita
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Old Mon Apr 09, 2012, 09:43pm
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Good old Austin O'Such. He should be in jail, but I guess getting suspended from his school and the team for the rest of the school year will do for now.
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  #4 (permalink)  
Old Mon Apr 09, 2012, 11:11pm
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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.
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Old Tue Apr 10, 2012, 12:36am
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Originally Posted by Dave Reed View Post
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.
Good enough for me.

Just because it was done during a game shouldn't mean anything

Rita
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Old Tue Apr 10, 2012, 12:45am
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Quote:
Originally Posted by Rita C View Post

Just because it was done during a game shouldn't mean anything
It should mean getting kicked off the team at the very least, and possibly out of school depending on his other contributions to campus life, if any.
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  #7 (permalink)  
Old Tue Apr 10, 2012, 07:49pm
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Quote:
Originally Posted by Dave Reed View Post
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.
You may want to check your state laws. They aren't all the same. Where I come from, that's an assault. Battery doesn't exist in my neck of the woods.
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  #8 (permalink)  
Old Tue Apr 10, 2012, 08:56pm
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It is amazing the things we can find to argue about on this forum.
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  #9 (permalink)  
Old Tue Apr 10, 2012, 10:27pm
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Quote:
Originally Posted by Dave Reed View Post
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.
I wish more people understood that.
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  #10 (permalink)  
Old Tue Apr 10, 2012, 11:24pm
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Quote:
Originally Posted by Rich Ives View Post
I wish more people understood that.
In several states, assault in the threat, coupled with the ability, to cause bodily harm. Battery is causing bodily harm.
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  #11 (permalink)  
Old Wed Apr 11, 2012, 07:42pm
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Quote:
Originally Posted by Dave Reed View Post
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.
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  #12 (permalink)  
Old Wed Apr 11, 2012, 07:43pm
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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.
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Last edited by johnnyg08; Wed Apr 11, 2012 at 07:50pm.
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