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by bauer
Wed Mar 27, 2013 11:20 pm
Forum: Off-Topic
Topic: An example of how NOT to handle traffic arguments
Replies: 30
Views: 2414

Re: An example of how NOT to handle traffic arguments

JALLEN wrote:
bauer wrote:
apostate wrote:It didn't happen in Texas.
Aggravated Assault is aggravated assault no matter what state it happened in.
Not necessarily. Each state has its own peculiar definition in its penal statutes.

California apparently does not have a crime of "aggravated assault." Penal Code 240-248 describe all manner of acts, from assault, to battery to aggravated battery to assault with a deadly weapon, with a plethora of different penalties depending on the status of the victim, consistent with the convoluted and hodge-podge approach so popular with the legislature here for decades.

In law school, we learned that a battery is an unlawful touching, while an assault was placing someone in apprehension of an unlawful touching. "Unlawful" for that purpose generally meant unconsented to.
I get the point you bring up about each state having varying laws in there penal code, but there is always something of equivalency. Your example of CA fits the same bill with "assault with a deadly weapon" which is what this incident would have been if it took place in CA.

It looks as though NC has Felonious Assault with a Deadly weapon with intent to kill or inflicting serious injury (N.C. §14-32) which it self could be punished with varying felony "classes" ... the discharging of weapon into an occupied building was one of the charges he drew and it is also punishable with a felony. Either way law enforcement probably could have leveled more charges on the guy and didn't.
by bauer
Wed Mar 27, 2013 10:23 am
Forum: Off-Topic
Topic: An example of how NOT to handle traffic arguments
Replies: 30
Views: 2414

Re: An example of how NOT to handle traffic arguments

http://www.fayobserver.com/articles/201 ... ac=[abbreviated profanity deleted].home" onclick="window.open(this.href);return false;

Another NC story that is kinda similar except this guy also received attempted murder charges for shooting at his victim. Looks like the guy in the original story in the OP's post got off extremely lucky, or he knows someone.
by bauer
Tue Mar 26, 2013 9:36 pm
Forum: Off-Topic
Topic: An example of how NOT to handle traffic arguments
Replies: 30
Views: 2414

Re: An example of how NOT to handle traffic arguments

apostate wrote:It didn't happen in Texas.
Aggravated Assault is aggravated assault no matter what state it happened in.
by bauer
Tue Mar 26, 2013 9:27 pm
Forum: Off-Topic
Topic: An example of how NOT to handle traffic arguments
Replies: 30
Views: 2414

Re: An example of how NOT to handle traffic arguments

03Lightningrocks wrote:
apostate wrote:
Robert*PPS wrote:Why is he not being charged with aggravated assault?
Husband and wife are each charged with "two counts of assault by pointing a gun" according to the report.

Ironically, perhaps the most serious charge against the husband is "Discharging [...] a firearm into occupied property." That really drives home the safety rule to "Be sure of your target and what is behind it."
Based on the husbands actions, the charge absolutely should be aggravated assualt. He used a deadly weapon while threatening bodily injury to others. There could also be an attempted murder charge tacked on based on the fact that he fired the weapon at them. Someone somewhere likes this guy and has sympathy for his situation. The charges are ridiculously low for what he did. Punching the kid in the face was the assualt part. The kid and his friend were perfectly legal in their actions to stop the attacker.

:iagree:

The production of the gun alone was aggravated assault. Let alone that he fired off a couple of shots.
by bauer
Tue Mar 26, 2013 7:12 pm
Forum: Off-Topic
Topic: An example of how NOT to handle traffic arguments
Replies: 30
Views: 2414

Re: An example of how NOT to handle traffic arguments

Sooooo many terrible decisions were made. Maybe a little bit of jail time will cool this idiot off. He shouldn't have thrown the first punch. Even though he did he should have taken the ensuing beating as lesson instead of pulling a weapon and firing. Its people like this that give all gun owners a bad name.

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