orc !WBRXcNtpf. started this discussion 15 years ago#13,258
...With your eyeglasses while punching you, can that be considered assault in the second-degree? In NY state specifically. Can't find anything on this shit so I'm assuming no but, I'm not too sharp when it comes to law.
SQUARED :3 !L.....AlN. joined in and replied with this 15 years ago, 2 minutes later[^][v]#238,276
it would be classes as self harm
LatestDude !!nEftABMoF joined in and replied with this 15 years ago, 3 minutes later, 5 minutes after the original post[^][v]#238,280
The degrees, I believe, are separated by the level of premeditation. Did they intend for the eyeglasses to shatter as they punched you? Was it a random barfight or a serious, planned attack?
(Edited 10 seconds later.)
orc !WBRXcNtpf. (OP) replied with this 15 years ago, 5 minutes later, 11 minutes after the original post[^][v]#238,293
It was a planned attack. Although he did not intend to cut the person with their glasses. They planned to attack them that day and that time. The person didn't retaliate. They didn't move or speak. And this person punched them repeatingly with no intent of stopping.
LatestDude !!nEftABMoF replied with this 15 years ago, 2 minutes later, 13 minutes after the original post[^][v]#238,297
@previous (orc !WBRXcNtpf.)
That... would matter significantly more than whether or not they got cut. May I ask why you focused on this one specific aspect of the attack?
SQUARED :3 !L.....AlN. replied with this 15 years ago, 2 minutes later, 16 minutes after the original post[^][v]#238,300
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, . . . with intent, . . . to do some . . . grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . .
orc !WBRXcNtpf. (OP) replied with this 15 years ago, 13 minutes later, 30 minutes after the original post[^][v]#238,308
@238,297 (LatestDude !!nEftABMoF)
People who had seen the incident stressed on the fact he needed a deadly weapon to be charged in the second degree. I'm rather angry about this. *sigh* @previous (SQUARED :3 !L.....AlN.)
US law.
LatestDude !!nEftABMoF replied with this 15 years ago, 5 minutes later, 35 minutes after the original post[^][v]#238,324
cccuuunnttt !nIGga.SL0w joined in and replied with this 15 years ago, 12 minutes later, 1 hour after the original post[^][v]#238,397
Jesus christ you are all retards.
cccuuunnttt !nIGga.SL0w double-posted this 15 years ago, 24 minutes later, 2 hours after the original post[^][v]#238,410
@238,308 (orc !WBRXcNtpf.)
Doesn't need a deadly weapon in NY as far as I can tell, but without that or another of several listed circumstances, "serious bodily injury" must result, and I doubt a cut counts.
If the victim was a student on school grounds, or perpetrator was committing a felony at the time, that could elevate it. I don't think any of the other circumstances would apply.
@238,280 (LatestDude !!nEftABMoF)
No, severity of the harm is typically the major difference. Circumstances like hate crime motivation, age/relationship of those involved, presence of weapon can also matter. Premeditation is most commonly a material element in homicide only but states vary a lot.
@238,324 (LatestDude !!nEftABMoF)
Why would you cite a Washington state law?
(Edited 2 minutes later.)
Anonymous F joined in and replied with this 15 years ago, 13 minutes later, 2 hours after the original post[^][v]#238,417
orc !WBRXcNtpf. (OP) replied with this 15 years ago, 20 minutes later, 5 hours after the original post[^][v]#238,562
@238,548 (J)
I wasn't the one who was attacked. Although, I -did- defend the person who did. @238,540 (marvin !H0G.H/BnJg)
What counts as hospitalization? He -did- go to the hospital. Otherwise there wouldn't have been any stitches.
Other than that, yeah, I do get the general gist of how serious the injuries had to have been. It's a shame, really.
@238,546 (sluggy)
He's a claimed brown-belt and "martial artist". He was very enraged when the kid didn't react and just sat there, half-smiling. And afterwards he actually came up to the other man (before the police showed up) and said, "hey, sit down here. Let's talk about this rationally."
orc !WBRXcNtpf. (OP) double-posted this 15 years ago, 33 seconds later, 5 hours after the original post[^][v]#238,564
marvin !H0G.H/BnJg replied with this 15 years ago, 4 minutes later, 5 hours after the original post[^][v]#238,566
@238,562 (orc !WBRXcNtpf.)
Where I live, I think the rule of thumb is an overnight stay or longer, not just going to the ER (which people can do for really minor stuff). Or broken bones or something else. Up to the prosecutor's discretion really.
sluggy replied with this 15 years ago, 1 hour later, 6 hours after the original post[^][v]#238,598
@238,562 (orc !WBRXcNtpf.)
He's a brown belt in what? He has issues if he would attack someone like that.
He deserves to be locked up and charged severely for what he did. He could have really hurt the other guy.
Who said "we should talk rationally about this" ?? The guy who was throwing the punches? There is no talking rationally after the fact. He was irrational. He is a bully and dangerous person.
LatestDude !!nEftABMoF replied with this 15 years ago, 1 hour later, 8 hours after the original post[^][v]#238,650
@238,410 (cccuuunnttt !nIGga.SL0w) > Why would you cite a Washington state law?
Like you said, it varies a lot by state. OP didn't specify their state. It seemed like as good of a reference as anything else I could provide, seeing as how it won't change drastically between states.
cccuuunnttt !nIGga.SL0w replied with this 15 years ago, 17 minutes later, 8 hours after the original post[^][v]#238,651
@previous (LatestDude !!nEftABMoF)
No, he said it was New York.
Kimmo would be disappointed in you.
Leo Vegas !gNoGoD5HzQ replied with this 15 years ago, 29 seconds later, 8 hours after the original post[^][v]#238,652
@previous (cccuuunnttt !nIGga.SL0w)
where did you go?
cccuuunnttt !nIGga.SL0w replied with this 15 years ago, 1 minute later, 8 hours after the original post[^][v]#238,654
@previous (Leo Vegas !gNoGoD5HzQ)
Lost my connection. Try to re-add me?
LatestDude !!nEftABMoF replied with this 15 years ago, 50 minutes later, 9 hours after the original post[^][v]#238,661
@238,651 (cccuuunnttt !nIGga.SL0w)
I had legitimately not noticed that. I apologize.
RaiRai !TrUHMeowzA joined in and replied with this 15 years ago, 24 minutes later, 9 hours after the original post[^][v]#238,672