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re: Attorney's etc. How fine of a line is the battery 2nd/simple battery?
Posted on 8/26/11 at 11:57 pm to dreaux
Posted on 8/26/11 at 11:57 pm to dreaux
How can you charge someone on the spot when you don't know the extent of the injuries. People walk away from fights or car accidents all the time not knowing that they are bleeding internally.
I am no lawyer, but through my experience I will say that the line between simple and 2nd degree battery has something to do with the intent or act of causing permanent bodily harm to another. I understand this is very vague and there is a lot more to it, but this is what I have gathered.
I am no lawyer, but through my experience I will say that the line between simple and 2nd degree battery has something to do with the intent or act of causing permanent bodily harm to another. I understand this is very vague and there is a lot more to it, but this is what I have gathered.
Posted on 8/27/11 at 12:36 am to smoothyetphycodelic
The fundamental difference is that second degree battery fits the crime when there is some type of "serious" physical damage inflicted on he victim, i.e. broken nose, unconsciousness, cut eye, etc.
I hate this charge b/c simple battery is a misdemeanor whereas second degree is a felony. The problem i have is that under either scenario, simple or second degree, the offender had one intention -- to strike the victim. However, the result determines the crime.
If i punch Bob and no physical damage occurs, then this is a simple battery. But if punch Jay with the same strenght and same area and cause cut over his eye, then this is second degree and now a felony.
Then you have aggravated battery, which involves a weapon. Then aggravated second degree battery, and I'm assuming you can all piece this puzzle together.
I hate this charge b/c simple battery is a misdemeanor whereas second degree is a felony. The problem i have is that under either scenario, simple or second degree, the offender had one intention -- to strike the victim. However, the result determines the crime.
If i punch Bob and no physical damage occurs, then this is a simple battery. But if punch Jay with the same strenght and same area and cause cut over his eye, then this is second degree and now a felony.
Then you have aggravated battery, which involves a weapon. Then aggravated second degree battery, and I'm assuming you can all piece this puzzle together.
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