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Post by spitfiregirl on Nov 11, 2019 1:55:57 GMT
Assault and Battery Across Jurisdictions In certain jurisdictions, assault and battery are often paired together as one offense. The reason for this is, when someone commits battery they usually have the intent to harm, and threaten the person before committing the physical act. There will also be different degrees of battery including first degree, second degree, and third degree. Each degree describes how serious the crime may be.
In other jurisdictions, assault is defined in broader terms as any intentional physical contact with an individual without their consent. In these states, the definition of assault encompasses the definition of battery of other jurisdictions. Further, like the states that have separate definitions for assault and battery, these jurisdictions generally have three degrees of assault. The degrees of assault determine the range of punishment to be administered for the crime.
Degrees of Assault First degree assault, the level of assault that is given the harshest punishment, generally includes severe bodily harm and extreme indifference for the value of human life. Instead of using the category “first degree assault,” some jurisdictions will use the term aggravated assault, which is just another way of saying it’s the most serious form of assault.
Aggravated or first degree assault will usually include the use of a dangerous weapon in its definition. Second degree assault will usually include the use of a dangerous weapon as well, but what makes second degree assault different from first degree assault is either the intent behind the bodily harm, or the level of bodily harm. Third degree assault is the form of assault that receives the lightest punishment. This is when a person attempts to injure another person, but does not, or when a person does injure a person, just not physically.
Read more: ///criminal-law.freeadvice.com/criminal-law/violent_crimes/assault_battery.htm#ixzz64vj0TXpe Under Creative Commons License: Attribution Follow us: @freeadvicenews on Twitter | freeadvice on Facebook
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Post by lesserknownpea on Nov 11, 2019 2:00:58 GMT
I can totally see the wide swing and the force from a man’s strength and arm length propelling this hamburger into your face. I get the punch description. Just because there was a hamburger in his first does not make it a punch.
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Post by spitfiregirl on Nov 11, 2019 2:52:42 GMT
I can totally see the wide swing and the force from a man’s strength and arm length propelling this hamburger into your face. I get the punch description. Just because there was a hamburger in his first does not make it a punch. he was 6 ft 2 and weighs 200 pounds.... and I never said he punched me with a burger. I said he sucker punched me... meaning I did not see it coming and there was no time to defend myself. It was Battery plain and simple.
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Deleted
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Post by Deleted on Nov 11, 2019 13:12:12 GMT
NRA members don't typically view the banning of bump stocks or anything that infringes on their right to bear arms. Knowing his extreme stances, you knew this wasn't really positive. This is bullshit. It’s not her responsibility to measure her works to not be assaulted. It’s his responsibility to control his own actions. Some of you amaze me, and not in a good way. 1. It is not her fault that the man smashed his hamburger in her face. Not one iota of blame goes to her for that. 2. She is responsible for "I knew she told me they couldn't talk about politics together" "My date got up to go to the bathroom. I said something about trump" Those are 2 separate things. You can understand and acknowledge the second without thinking she deserved to be assaulted.
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smartypants71
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Post by smartypants71 on Nov 11, 2019 14:48:13 GMT
Jesus, if he has that extreme reaction over what you said, then this guy doesn't need to have any guns. I'm sorry this happened to you.
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Post by Spongemom Scrappants on Nov 11, 2019 15:05:26 GMT
You want things to have happened a way they didn't, and you want her to be someone she's not. I think that's the best summary of where the OP is at this point in time. Much of the reason that you're still struggling with this is the disconnect expressed above. That is what you need to go to counseling for. Your own healing. You don't have to forgive to move on. Frankly, you won’t be able to let this go until you DO forgive him. I'm firm in my belief that forgiveness is bullshit... for me. I never feel obligated to give someone a chance to apologize and I'll be damned if I have to issue any forgiveness. If you have a different belief system, fine. None of us should be pressuring the OP into our personal views on this. Let her go to counseling and identify her own way through this. That's where the healing happens.
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PrettyInPeank
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Post by PrettyInPeank on Nov 11, 2019 16:01:00 GMT
Look, I’m on your side. But the reality is you can’t have it both ways. He either smashed a burger in your face which means there was a burger between your face and his hand, or he had a closed fist around a burger and punched you, and therefore a burger wouldn’t be smashed in your face but in his hand. Both are assault. Why does it fucking matter? ![???](//storage.proboards.com/forum/images/smiley/huh.png) ![???](//storage.proboards.com/forum/images/smiley/huh.png) ? Is it really necessary to cuss with such profanity at me? I can’t tell if this is a rhetorical question designed to shame me, or a legitimate question. In case it’s a genuine question, I’ll answer despite your rude tone. The topic of legalities, charges, and lawsuits was broached within the thread. Definitions matter when it comes to law. For example, involuntary manslaughter and first degree murder are both considered homicide. However, they carry different charges. The same goes for assault/battery. That’s why it matters.
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Post by mom on Nov 11, 2019 16:20:26 GMT
I can totally see the wide swing and the force from a man’s strength and arm length propelling this hamburger into your face. I get the punch description. Just because there was a hamburger in his first does not make it a punch. he was 6 ft 2 and weighs 200 pounds.... and I never said he punched me with a burger. I said he sucker punched me... meaning I did not see it coming and there was no time to defend myself. It was Battery plain and simple. I really think part of your problem of people not agreeing with you about you being a victim is because you asked 'is not ever ok for a man to hit a woman'. You led people to believe he hit you...punched you - like many of us have been victim to before. When someone says 'sucker punched' it leads people to believe you were punched and didn't seeing it coming. Thats is not what happened here. You had a hamburger smashed in your face. Is it battery? Probably. But it also isn't what you insinuated in your post title, which leads people to question your motives.
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Deleted
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Post by Deleted on Nov 11, 2019 16:23:45 GMT
I honestly didn't think what I said was bad. I didn't realize I was poking the bear. Poking the bear is insulting someones wife or family. Poking the bear is teasing and berating someone. I never saw any inclination of violence on his part. I did not know he was a bear. and so..... YOU ARE SAYING ITS MY FAULT? YES, it was your fault. You started a conversation that you KNEW would push his buttons. Why not keep the dinner friendly, especially after a few beers. You knew your audience, your friend told you what was a "sensitive issue", and YET, you started talking about something that you should have known, would provoke her husband. pro·voke
/prəˈvōk/
Learn to pronounce
verb
stimulate or give rise to (a reaction or emotion, typically a strong or unwelcome one) in someoneHis actions are his to own, but you are responsible for starting the conversation on a subject that was sensitive. OK. the original thread was deleted, so I am only piecing things together...but provoked or not it is NEVER OKAY for a man to hit a woman. I honestly can't believe you are excusing his behavior! If he was that mad he could have stormed out without the hitting in the face with the hamburger....
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Post by hop2 on Nov 11, 2019 16:26:21 GMT
Missed the OP, but, 1 life is too short to associate with people who assault, hit smash food in your face or whatever happened. 2 forgiveness is never required. It is yours to feel or not. However ‘forgiveness’ doesn’t require forgetting, it also does NOT require further association with the person. Forgiveness doesn’t mean the person won’t or shouldn’t face consequences. Forgiveness doesn’t mean you don’t do your part to see the person face consequences. Forgiveness doesn’t mean lying or with holding information.
Forgiveness is actually a bit of a bullshit word in the way that it’s perceived by some. It actually means little to nothing to the other person, forgiveness is for yourself, for you to move on and not actively think about the situation over & over again. Forgiveness is letting go. Forgiveness in no way requires any interaction with the other person. That is a false concept. You may or may not continue a relationship with or association with someone whom you have ‘forgiven’ that’s up to you entirely. Forgiveness being resolution or absolution isn’t a thing, that stems from people confusing forgiveness with some form of validation or something. It seems that people who expect or request ( or demand ) ‘forgiveness’ don’t want forgiveness but they want to not face consequences of their actions. They don’t want to change. They want to be absolved and go forward unchanged. Unfortunately actions have consequences and even with forgiveness the person who hurt the other( even inadvertently ) will have to work on that relationship should they be given the chance to do so. Rebuild trust. Rebuild respect. If they even have that chance.
My advice- see a therapist so YOU can let go & move on, but that doesn’t need to include absolving the other person.
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Post by spitfiregirl on Nov 11, 2019 16:36:36 GMT
he was 6 ft 2 and weighs 200 pounds.... and I never said he punched me with a burger. I said he sucker punched me... meaning I did not see it coming and there was no time to defend myself. It was Battery plain and simple. I really think part of your problem of people not agreeing with you about you being a victim is because you asked 'is not ever ok for a man to hit a woman'. You led people to believe he hit you...punched you - like many of us have been victim to before. When someone says 'sucker punched' it leads people to believe you were punched and didn't seeing it coming. Thats is not what happened here. You had a hamburger smashed in your face. Is it battery? Probably. But it also isn't what you insinuated in your post title, which leads people to question your motives. so I wasn't hit? really? you were there?
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Post by spitfiregirl on Nov 11, 2019 16:37:59 GMT
he was 6 ft 2 and weighs 200 pounds.... and I never said he punched me with a burger. I said he sucker punched me... meaning I did not see it coming and there was no time to defend myself. It was Battery plain and simple. I really think part of your problem of people not agreeing with you about you being a victim is because you asked 'is not ever ok for a man to hit a woman'. You led people to believe he hit you...punched you - like many of us have been victim to before. When someone says 'sucker punched' it leads people to believe you were punched and didn't seeing it coming. Thats is not what happened here. You had a hamburger smashed in your face. Is it battery? Probably. But it also isn't what you insinuated in your post title, which leads people to question your motives. maybe I should of said I got hit in the face with a hamburger. would that be better for you?
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Post by mom on Nov 11, 2019 16:41:20 GMT
I really think part of your problem of people not agreeing with you about you being a victim is because you asked 'is not ever ok for a man to hit a woman'. You led people to believe he hit you...punched you - like many of us have been victim to before. When someone says 'sucker punched' it leads people to believe you were punched and didn't seeing it coming. Thats is not what happened here. You had a hamburger smashed in your face. Is it battery? Probably. But it also isn't what you insinuated in your post title, which leads people to question your motives. so I wasn't hit? really? you were there? I said you weren't punched.
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Post by mom on Nov 11, 2019 16:42:13 GMT
I really think part of your problem of people not agreeing with you about you being a victim is because you asked 'is not ever ok for a man to hit a woman'. You led people to believe he hit you...punched you - like many of us have been victim to before. When someone says 'sucker punched' it leads people to believe you were punched and didn't seeing it coming. Thats is not what happened here. You had a hamburger smashed in your face. Is it battery? Probably. But it also isn't what you insinuated in your post title, which leads people to question your motives. also....YOU CANT CHANGE ![]() S ON YOUR THREAD..... maybe I should of said.... I got hit in the face with a hamburger...... would that be better for you? That would have been accurate. And you can change titles on a thread. People do it all the time. And lose the attitude with me. I didn't say this was your fault. I didn't say you deserved it. I said this could be why people are having a hard time agreeing with you.
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Post by spitfiregirl on Nov 11, 2019 16:49:21 GMT
also....YOU CANT CHANGE ![]() S ON YOUR THREAD..... maybe I should of said.... I got hit in the face with a hamburger...... would that be better for you? That would have been accurate. And you can change titles on a thread. People do it all the time. And lose the attitude with me. I didn't say this was your fault. I didn't say you deserved it. I said this could be why people are having a hard time agreeing with you. semantics. jeez. I tried changing my title and could not. I hate that it has a misspelling.... and I never said I was punched. I said I was suckerpunched.... but I think it was determined that I was sucker smashed... because of people like you.
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Post by scrappychick on Nov 11, 2019 17:13:49 GMT
After an 11 page dumpster fire, I know I’m late to the soirée, but I think maybe you might get some of the closure you need from hearing his “apology.” Make it conditional on you being allowed to say some words yourself that he also has to listen to. You could write out everything you want him to hear-how much mental anguish it has caused you this past year, and how you won’t be able to forgive him for what he did. Bring someone to support you, and leave when it’s done-no back and forth or justifications. Be prepared for this friendship to be over though. It’s been limping along for the last year, but your friend has made her choice.
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Post by Deleted on Nov 11, 2019 17:34:56 GMT
semantics. jeez. I tried changing my title and could not. I hate that it has a misspelling.... and I never said I was punched. I said I was suckerpunched.... but I think it was determined that I was sucker smashed... because of people like you. spitfiregirl, if you click on edit, it should allow you to change the title for the misspelling. I think everyone getting hung up on the word used to describe what happened is due to personal experiences. To some, myself included, getting food smashed in your face doesn't normally evoke images associated with violence (like having a pie thrown in the face or wedding cake shoved by the bride or groom); however, after your description as to what happened, there's no doubt that it was done with force, uncalled for and you were hurt emotionally as well as physically. Don't let it bother you what people think it should be called. The fact that you were traumatized by it is enough, and I think most of the posts here agree with you that you were harmed and that this guy is an a$$hole.
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Just T
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Post by Just T on Nov 11, 2019 17:37:40 GMT
Saying "I got hit in the face with a hamburger" is too mild. Maybe you weren't punched with a fist, but you had a hamburger forcibly smashed into your face. Maybe it wasn't a "punch" per se, but it was more than getting hit with a hamburger. The hamburger had the force of a large man's hand behind it.
I can't believe we are really arguing about this.
As for being "warned" to not discuss Trump and that doing so provoked this, here is how I feel about that, for what it's worth. The wife saying she doesn't discuss politics with him doesn't mean "don't discuss politics with him because if you do, he is going to lose his shi! and attack you."
My brother and his partner, two gay men who have been together for 30 plus years, are ultra conservative Trump and the NRA supporters. They aren't terrible people, they will just never ever vote for a liberal candidate for president and they will never give up their guns. LOL I do not typically discuss politics with them, mainly because I know that nothing I say will change their minds, and nothing they say will ever make me a Trump supporter. Do we get into political discussions sometimes? Yes. It gets heated sometimes, but we treat each other with respect. They give me things to read, I give them things to read. Our discussions often end with, "Let's have a drink and agree to disagree." They are an oddity among their friends--most of them tend to be more liberal.
My daughter is gay, and she and her girlfriend are going with us to visit my brother for Thanksgiving. They are far from conservative, voted for Hillary, etc. My daughter does not like to argue, so she never talks politics with my brother and his partner. She has already told her girlfriend that they are conservative Trump supporters, and it is best to not talk politics with them. But, I have every reason to believe that if politics come up, as I'm sure it will since so much is going on right now, they will not be punching anyone or angrily shoving food in anyone's face.
Sorry for this long winded post. I said all that just to reinforce that saying you don't talk politics with someone doesn't mean that if you do, you are provoking them and are then to blame for what they do to you after that. I know that some on this thread have said it's not her fault, but others have, and that is wrong.
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Post by sabrinae on Nov 11, 2019 18:19:32 GMT
This is bullshit. It’s not her responsibility to measure her works to not be assaulted. It’s his responsibility to control his own actions. Some of you amaze me, and not in a good way. 1. It is not her fault that the man smashed his hamburger in her face. Not one iota of blame goes to her for that. 2. She is responsible for "I knew she told me they couldn't talk about politics together" "My date got up to go to the bathroom. I said something about trump" Those are 2 separate things. You can understand and acknowledge the second without thinking she deserved to be assaulted. I stand by its bullshit. Saying we don’t talk politics doesn’t equate to mention Trump or the NRA and get hit on the face. Any reasonable person isn’t going to hit someone else on the face due to a political discussion and if they can’t control their actions they need to remove themselves from the situation. It’s not her responsibility to temper her words so he can control his actions. It’s his responsibility to control his actions, period. I don’t care if she “poked the bear” she’s not responsible for him hitting her. It’s assault. It’s the same as blaming a woman for being raped or sexually assaulted because of what she was wearing or because she had a drink. Or a domestic violence victim being blamed because she stays with her abuser.
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Rhondito
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Post by Rhondito on Nov 11, 2019 19:00:32 GMT
I can't believe we are really arguing about this.
Me neither, and it's disgusting.
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Post by elaine on Nov 11, 2019 20:52:34 GMT
1. It is not her fault that the man smashed his hamburger in her face. Not one iota of blame goes to her for that. 2. She is responsible for "I knew she told me they couldn't talk about politics together" "My date got up to go to the bathroom. I said something about trump" Those are 2 separate things. You can understand and acknowledge the second without thinking she deserved to be assaulted. I stand by its bullshit. Saying we don’t talk politics doesn’t equate to mention Trump or the NRA and get hit on the face. Any reasonable person isn’t going to hit someone else on the face due to a political discussion and if they can’t control their actions they need to remove themselves from the situation. It’s not her responsibility to temper her words so he can control his actions. It’s his responsibility to control his actions, period. I don’t care if she “poked the bear” she’s not responsible for him hitting her. It’s assault. It’s the same as blaming a woman for being raped or sexually assaulted because of what she was wearing or because she had a drink. Or a domestic violence victim being blamed because she stays with her abuser. And I’m willing to bet $1K that if the OP was a Trump supporter and assaulted due to saying something Pro-Trump and/or pro-NRA, lovetherain and other right-wing peas would be howling at the injustice. I have no doubts.
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Post by gmcwife1 on Nov 11, 2019 21:40:07 GMT
No, it is not ok.
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PrettyInPeank
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Post by PrettyInPeank on Nov 11, 2019 22:47:25 GMT
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Deleted
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Post by Deleted on Nov 12, 2019 1:28:06 GMT
Hamburgergate anyone?
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Post by lesserknownpea on Nov 12, 2019 1:38:41 GMT
I can totally see the wide swing and the force from a man’s strength and arm length propelling this hamburger into your face. I get the punch description. Just because there was a hamburger in his first does not make it a punch. he was 6 ft 2 and weighs 200 pounds.... and I never said he punched me with a burger. I said he sucker punched me... meaning I did not see it coming and there was no time to defend myself. It was Battery plain and simple. Oh goodness. I just reread this, and it looks like i was disagreeing with you. I worded the last sentence all wrong. I meant to say just because there was a hamburger in his fist doesn’t keep it from being a punch. A person could punch someone with all manner of things in their hands! I was confused by your response, but now I see why. Sorry!
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Post by chlerbie on Nov 12, 2019 3:25:41 GMT
Seriously? The OP was made to change the title because people felt she wasn't really "hit"? Unbelievable.
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Post by spitfiregirl on Nov 12, 2019 3:47:49 GMT
Seriously? The OP was made to change the title because people felt she wasn't really "hit"? Unbelievable. can u believe it? only on the pea board
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Post by spitfiregirl on Nov 12, 2019 3:51:56 GMT
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Post by elaine on Nov 12, 2019 4:29:39 GMT
Since he is a Trump supporter, inquiring minds want to know if he ordered a hamburger or a hamberder? I think that will impact which -gate it becomes.
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Post by andreasmom on Nov 12, 2019 4:37:16 GMT
Never ok. Doesn’t matter what the conversation was. Doesn’t matter if it was a hamburger (hamberder), a full fist, or a kleenex.
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