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Attorney's etc. How fine of a line is the battery 2nd/simple battery?
Posted on 8/26/11 at 11:20 pm
Posted on 8/26/11 at 11:20 pm
I am just curious, it seems like they are going through a lot (and i mean alot) of trouble to get everything they can to get a second degree charge. It seems like they are using very unsubstantiated evidence, conflicting witness reports, testimony from uncredible witnesses, dna testing etc.
It's my understanding that the kick to the head was JJ (supposedly), and that kick met the requirements for battery second because he was supposedly unconscious (which is really a big stretch here).
So wouldn't it basically be ALOT easier and more fitting to charge them with simple battery (which it most likely will end up being anyway), then to go through all the pomp and circumstance to scratch and claw your way to battery second?
This just really pisses me off. Conveniently, no one else besides john's was charged and our starting QB with so much promise is conveniently removed from the team a week before our promising season.
couldn't they just have easily charged with simple?
It's my understanding that the kick to the head was JJ (supposedly), and that kick met the requirements for battery second because he was supposedly unconscious (which is really a big stretch here).
So wouldn't it basically be ALOT easier and more fitting to charge them with simple battery (which it most likely will end up being anyway), then to go through all the pomp and circumstance to scratch and claw your way to battery second?
This just really pisses me off. Conveniently, no one else besides john's was charged and our starting QB with so much promise is conveniently removed from the team a week before our promising season.
couldn't they just have easily charged with simple?
This post was edited on 8/26/11 at 11:21 pm
4
Posted on 8/26/11 at 11:21 pm to dreaux
quote:
Attorney's etc. How fine of a line is the battery 2nd/simple battery?
thin to thick depends on the circumstances
Posted on 8/26/11 at 11:24 pm to dreaux
Did you not see the investigators of this????
Posted on 8/26/11 at 11:24 pm to dreaux
Total unmitigated bullshite.
These charges are completely over the top and that fact will be eventually borne out but not before the BRPD has turned this whole thing into a 3 ring circus.
Just my very humble opinion.
These charges are completely over the top and that fact will be eventually borne out but not before the BRPD has turned this whole thing into a 3 ring circus.
Just my very humble opinion.
Posted on 8/26/11 at 11:24 pm to jacks40
quote:
thin to thick depends on the circumstances
this is why i am asking. They did not get the benefit of the doubt ANYWHERE in this on anything. And with a blurry of a line that it is for this charge, i find it hard that they can actually charge someone 2nd when the guy gets up, walks away and refuses medical treatment (in the police report)
it seems to me that they should have been arrested and charged on the spot with simple.
but then again, i don't know the law that well so i don't know.
Something smells bad here.
Posted on 8/26/11 at 11:26 pm to dreaux
i am kind of implying (conspiracy), tongue in cheek (maybe)
Posted on 8/26/11 at 11:48 pm to dreaux
One is a serious felony the other a misdemnor. Doesnt matter it will plead out at the worst like every other bar fight case.
Posted on 8/26/11 at 11:50 pm to dreaux
Simple Battery
(1) intentional use of force (or) violence (or) administration of poison
(2) upon the person of another
(3) w/o their consent
Second Degree Battery
(1) battery
(2) committed w/out consent of victim &
(3) offender intentionally inflicts serious bodily injury
ETA- Not an attorney yet, just a guy who spent his summer studying this garbage for the bar exam
(1) intentional use of force (or) violence (or) administration of poison
(2) upon the person of another
(3) w/o their consent
Second Degree Battery
(1) battery
(2) committed w/out consent of victim &
(3) offender intentionally inflicts serious bodily injury
ETA- Not an attorney yet, just a guy who spent his summer studying this garbage for the bar exam
This post was edited on 8/26/11 at 11:52 pm
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.
Posted on 8/27/11 at 12:40 am to countryboy2
quote:
he 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.
Not quite. For second degree battery you must have intent to cause severe bodily injury. Whereas for simple battery, you need only intent to cause harmful or offensive contact upon another.
One could easily argue that kicking a person in the head could show intent to cause severe bodily injury.
Posted on 8/27/11 at 12:54 am to Bigpoppat
If you got into a bar fight or stuck anyone with a fist how would you not intend to inflict serious bodily injury?
Come on, this is bullshite.
Come on, this is bullshite.
Posted on 8/27/11 at 12:57 am to countryboy2
I'm just relaying the law. Is it perfect? Not by a long shot.
All I can say is complain to the state legislature and get them to re-write the laws
All I can say is complain to the state legislature and get them to re-write the laws
Posted on 8/27/11 at 1:00 am to countryboy2
I want to know about this goof Lowery. He gets into a fight with his ex on the 18th, slaps/hits one of her friends....
The following night he gets involved in another fight, I'll leave it at that, that's the only thing that is confirmed.
2 days ago, a judge granted a temporary restraining order on him and the court date is sometime in September.
Nothing has happened to this mental case yet? Wtf?
The following night he gets involved in another fight, I'll leave it at that, that's the only thing that is confirmed.
2 days ago, a judge granted a temporary restraining order on him and the court date is sometime in September.
Nothing has happened to this mental case yet? Wtf?
Posted on 8/27/11 at 1:03 am to la_birdman
all i can say is bitches be crazy!!! You get involved with a crazy bitch and you end up in jail, i.e. lowery and JJ.
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