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Lol... "I just wanted to tell you to have a nice day" .

Wow! Crazy stuff JALLEN. Bewildering is an understatement...LOL.

I was just doing some google foo on the NC rules for Assualt. From what I am reading it looks like he was charged accordingly with the most serious offenses under NC law. Interesting to say the least. What he did does not even rise to the felony level.

It looks like Texas is much harder on criminals commiting weapons offenses than NC. I guess the old saying "Don't Mess With Texas" holds true.

Thanks to the folks who pointed out the difference in location. I learned something here. I was under the assumption that Agravated Assault was the same everywhere. Heck... One could surmise that some of this has to do with our beliefs in Texas that a person is responsible for their actions and should be punished accordingly.

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.

Just curious, what would the equivalent charge to aggravated assualt be called in California?

bauer wrote:

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.

The production of the gun alone was aggravated assault. Let alone that he fired off a couple of shots.

Yep... You are right. He did not need to fire the weapon for an aggravated assualt charge. Firing the weapon made it attempted murder on top of aggravated assualt. That feller should be facing about 30 years in prison. Lol.... He has a friend somewhere.

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.

I copied this simple definition from a definition web site. You folks decide.

What does assault mean?
In Texas, there are three ways a person can commit the crime of Assault. He can
intentionally, knowingly, or recklessly cause bodily injury to another,
intentionally or knowingly threaten another with imminent bodily injury, or
intentionally or knowingly cause physical contact with another when he knows or should reasonably believe that the other will regard the contact as offensive or provocative.

What is aggravated assault?
In Texas, Aggravated Assault is when a person commits assault and he:
causes serious bodily injury to another, or
uses or exhibits a deadly weapon during the commission of the assault.

JALLEN wrote:

03Lightningrocks wrote: It takes a special kind of meat head to follow a person around with the intentions of "schooling" them on driving etiquette.

I remember a video from years ago, undoubtedly produced for the purpose, that depicted a young couple driving along in a snazzy convertible, when there is some incident involving a couple of "good ol' boys" in a pick up, who commence following them, driving close, pulling alongside, acting like southern ends of a northbound horse, etc. After miles of going this way and that, the vehicles head down a dirt road, to a dead end.

The good ol boys get out of the pick up, grab some bats and pipes out of the bed and advance on the car. After some rude comments by said boys about the female passenger and taunts and threats, the male driver produces a pistol, orders the good ol boys to drop the bat and pipe. The couple get out of their car. Still covering them with his pistol, the male gets the keys to the truck. The good ol boys are ordered to strip naked, the clothes are then tossed into the cab of the pick, the doors locked and the couple drive away in their car, leaving two naked good ol boys, a locked truck, miles from anywhere. When they get back to the highway, they fling the truck keys into the weeds.

You just never know how these things can end up.

That is funny! I think I will just stick with letting the rude driver go on their way. I figure their mommy or daddy can educate them or maybe Darwinism will take care of it. I am just too darned worn out with morons to chase one down the highway. There was a time when I would get all worked up over rude drivers. Now I just curse them to myself and allow them to keep going.

gthaustex wrote:Didn't watch the video, but did read the details of the incident above. Hmm...either didn't notice someone following him, or didn't care. Definitely should not have gone to his house while being followed. Sanity would have been to notice the car following you, don't go home and call the police while driving to apprise them of the situation. Handle it when the police show up.

And yes, I do habitually check my mirrors and over my shoulder while sitting at lights and driving. I don't like surprises from street vendors, beggars or carjackers. These days, I also watch for vehicles behind me that always seem to be there, just in case they thought I cut them off in traffic. If so, I don't go to my house. I don't want someone with a bad attitude knowing where I live....

I was thinking the two younger guys didn't realize the guy was following them. Maybe they did and figured home would be safe? Hard to tell. I am constantly busy with work issues and have to admit to being distracted enough at times by phone calls or other work related issues to not notice being followed. I would however notice if someone pulled into the alley right behind me as I headed toward my driveway.

It takes a special kind of meat head to follow a person around with the intentions of "schooling" them on driving etiquette.

Lol... Looks like fat boy got his butt handed to him. There is probably a lesson in there somewhere.

If he fired the weapon, I am amazed he isn't being charged with aggravated assault and attempted murder.