Does it count as an assault?

Discussion in 'Human Science' started by Diode-Man, May 24, 2009.

  1. Diode-Man Awesome User Title Registered Senior Member

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    Hello,
    A few months back I went to a friends house. Upon entering, my cousin Del Grover grabbed hold of my shoulders and began shaking me violently.

    My back was severly injured BEFORE that event, but he permanently increased my already bothersome back pain!


    Does this count as something he could be jailed for?
     
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  3. visceral_instinct Monkey see, monkey denigrate Valued Senior Member

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    Yes.

    I wouldn't go to the police though, just smash his face in.
     
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  5. Xylene Valued Senior Member

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    I'd have him arrested for assault, seeing as you don't seem to have done anything initially to bring on the attack.
     
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  7. Fraggle Rocker Staff Member

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    It certainly sounds like an assault the way you tell it. Of course the police and the judge will have to listen to his version too. It's not about who's telling the truth, but which one people believe.

    Were there any witnesses? Does he have a history of violent behavior? Does he have a lot of friends and co-workers who will testify that he's a model citizen who wouldn't step on a spider whereas you've always been a wussy who complains a lot and blames others for your own aches and pains and other problems? Do you have character references who will stand up for you and tell everyone what an asshole your friend is?

    If you were female the system would be stacked in your favor in contemporary America. But between two men it's not so cut and dried. Is he a lot bigger and stronger than you? Why could you not evade his grasp or fight back? Did he know your back was injured? If you didn't have the previous injury would his shaking then have been serious enough to harm you? Why are you friends with such an asshole in the first place, especially if your body is currently in pretty fragile condition? Is he in the habit of giving you noogies and punches on the shoulder and "guy stuff" like that? Do you normally just laugh it off?

    Was he drunk or is there anything else that would indicate that he was being irresponsible, untrustworthy and behaving worse than normal? Especially something you could not have realized until it was too late?

    Please don't think I'm doubting you or belittling you. I have served on several juries and I'm just telling you what to expect. Nobody's going to punish this guy without convicting him in a trial by a judge or a jury. In order to be convicted he has to be proven guilty beyond a reasonable doubt. If you have no witnesses that's very hard to do. You need a confession by him or a pattern of past behavior. For all anybody knows you could have hurt your back by wrestling with your dog or just trying to reach something you dropped behind your car seat.

    Best thing to do is see a lawyer. There aren't any here.

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    BTW, if all you want to accomplish is sending him to jail rather than getting a monetary judgment, please remember this:

    If you send an asshole to jail with all those other assholes, all you get is a bigger asshole when he comes out. A bigger asshole with a grudge against the guy who put him there.
     
  8. leopold Valued Senior Member

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    if he actually grabbed you then he is guilty of battery.
    assault is mostly words and gestures, not physical contact.

    edit:
    In the context of criminal law, "assault and battery" are typically components of a single offense. In tort law, "assault" and "battery" are separate, with an assault being an act which creates fear of an imminent battery, and the battery being an unlawful touching.
    http://www.expertlaw.com/library/personal_injury/assault_battery.html
     
  9. Asguard Kiss my dark side Valued Senior Member

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    FR there is a specificic issue in your post i have a problem with, the comment "did he know you had an injured back". Bells could say for sure but i rember being told in a law lecture that "you take your victom as you find them". The example used was a person rushing down the steps and shoves someone out of there way, because the victom has parkensons they cant stedy themselves and fall on the tracks and are killed by a train. If the person DIDNT have parkinsons they could have grabed a rail and stedied themself but you cant use that as an excuse why you shouldnt be convicted of manslaughter because you chose that man to push no matter what his physical condition
     
  10. Hercules Rockefeller Beatings will continue until morale improves. Moderator

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    Why is this in Human Science? This is Free Thoughts material, unless someone wants to discuss the physiology of back pain.
     
  11. madanthonywayne Morning in America Registered Senior Member

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    Yes, but pushing someone out of the way and giving them a friendly hug/shake aren't the same thing. I often give my children a hug and shake them around. Everyone laughs, no injury results or is intended. Given that these guys were family, his cousin may have been greeting him that way since childhood and, if he had no knowledge of the back injury, would have no reason to expect that any injury would result.
     
  12. laladopi time for change. Registered Senior Member

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    lol i think you should do more of what's in your avatar.
     
  13. nirakar ( i ^ i ) Registered Senior Member

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    Does intent matter? I don't know the laws well enough.


    Why did Dell shake you? Did he think he was being funny? Was he mad at you?
    Is not knowing that what you are doing will cause injury a defense"

    "Assault is the threat of bodily harm that reasonably causes fear of harm in the victim. Battery is the actual physical impact on another person."

    Is there any such thing as "negligent battery"?

    That was about a woman who passed the School bus's stop sign and hit a kid with her car.
     
  14. cosmictraveler Be kind to yourself always. Valued Senior Member

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    If you would have reported it to the police when it happened it would have been a criminal offense IF you pressed charges when it happened. You can't wait for months then say something happened for it would be much harder to prove after that length of time had passed. Then again do you really think he did it to hurt you or just to scare you? Do you want to keep him as a "friend" after he did that? If so then you won't press charges and just drop it all. If you are concerned then you won't see him again if you are smart.
     
  15. Diode-Man Awesome User Title Registered Senior Member

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    1,372
    If he is angry or annoyed about something he usually just speaks his mind. But this was random violence. He may have been drunk and or and something else.

    Had my back injury not been there before, its possible that it could injure a back that is in perfect condition. My spine is pretty significantly more messed up.

    I still don't know why he did it.

    He shook discs out of location and bent up my already damaged vertebra.

    I WANT to punch his face in for it. I'm not going to resolve to ape behaviors however.
     
  16. James R Just this guy, you know? Staff Member

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    From memory, assault requires an intention to put the victim in fear of some kind.
     
  17. Asguard Kiss my dark side Valued Senior Member

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  18. GameOn Registered Member

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    1
    You are much better off filing a civil claim for negligence. No DA is going to prosecute a criminal case like yours, for all the uncertainties listed above.

    Under negligence, you have an easier standard. You don't need to show intent. Do you want money from your cousin. Whenever someone presents a legal question, the first thing I want to know is: "What do you want out of this?" You'd be suprised how many people want to sue someone, but can't answer that simple question!
     
  19. DianneR Banned Banned

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    1
    Re:

    this involves physical injury, and you can charge him, but try to consult other people with vast knowledge in criminal law first.
     
  20. Thdaoub Guest

    if he actually grabbed you then he is guilty of battery. But if he is forgivable, then just forgive him.
     
  21. nietzschefan Thread Killer Valued Senior Member

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    I'd agree you could sue him, but not get the police to charge him.
     
  22. adoucette Caca Occurs Valued Senior Member

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    A few months back?????
    Why are you just now getting around to complaining about it?

    Is your cousin much larger than you?
    Why did he shake you at all?
    Was it a welcome that got out of hand or was he mad at you or what exactly?

    In what specific way was your back severly injured?
    Were you wearing a back brace, using crutches, doing anything to let others know that your back had been severely injured?
    Was your cousin aware of your severly injured back, and if so how?

    And you know this how?
    Have any medical tests since then been done to show that your cousin actually damaged your back?

    You want the courts to throw your cousin in jail for this?
    For how long?

    Clearly you don't like the man.
    It also suggests that there is much more history between you then you are letting on.
    Care to share?

    Arthur
     
  23. skaught The field its covered in blood Valued Senior Member

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    4,100
    Is he a reasonable guy? I mean, was he trying to rough house, or was he genuinely trying to bully you? Not that it matters because your back is fucked either way. I ask because if he was just trying to horse play and he's reasonable, could you just talk to him and be like "Hey man, you really did a number to my back and I'd like you to help pay for some physical therapy or something."

    Just an idea. But either way, I'd say you've got a lawsuit. If he isn't willing to pay for the damage he did, I'd imagine you have a pretty good case. Especially if he knew before hand that you had a bad back.
     

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