Violence

[Radio Storm]

Do you feel that someone should only be charged with assault if the victim actually sustained a viable injury?

I sure do... it's kind of ridiculous to throw someone in prison if nobody technically got hurt.

Just to be clear, let's say:

1. You had an argument with someone at a store, and they made you very angry. So, you picked up a small book and chucked it at them. The book bounced off the person's head, and they felt a little pain, but they didn't really get "hurt" so to speak. I say, you shouldn't be thrown in prison for that.

2. You got into a heated argument with your friend, which ended in you beating them with a metal table leg. The beating caused the said victim to sustain severe bruises and several fractured ribs. In this case, someone actually got physically injured as a result of your actions. Thus, being chucked in a prison cell is justified.

[Dolphus Raymond]

If you're advocating for Menacing being a separate charge from Assault (that is, renaming Assault to Battery and making non-physically harming attacks "Assaults" instead) that's reasonable. But practically, I don't think it changes the crime level involved. You go apeshit on someone, you throw something, and it's a crime, and I think it should be. It's assaultive. Thrown in a jail cell? Yeah, you bet, domestic violence escalates. It should certainly not be a felony, maybe not even a gross misdemeanor, but people need jail time to cool the hell out if the other person sees fit because they're a threat.

I mostly like my state's system for formal charges, which I think is pretty typical:

Fourth-degree assault is any injurious physical action (including going apeshit and menacing someone) that does not cause marks or injuries. It's a gross misdemeanor.

Third-degree assault is a low-class felony. It's fourth-degree assault with considerable suffering, especially when caused by a weapon or instrument.

Second-degree assault is a mid-class felony. It covers torture, deadly weapons, poisonings, etc.

First-degree assault is a class A felony. It includes any assault with a weapon likely to cause substantial harm or death, including a firearm, HIV, etc.

I know municipalities also usually have a Simple Assault charge. I don't know how that's different than Assault 4, it may not be, but it seems to me that there's a big jump between Assault 4 and Assault 3. If you argued that banging on someone's door and swearing should be a separate charge than stabbing someone with a pencil, I'd have trouble disagreeing.

[rebellious_teen]

The level of punishment is adjustable depending on the severity of the assault. There isn't and shouldn't be a universal rule that says assault=prison.

[Dolphus Raymond]

The level of punishment is adjustable depending on the severity of the assault. There isn't and shouldn't be a universal rule that says assault=prison.

I don't think either of those have to do with the OP's post.

Being thrown in a jail cell does not imply prison in any jurisdiction. This is "simple" assault we're talking about.

[rebellious_teen]

Being thrown in a jail cell does not imply prison in any jurisdiction.

Hmm? What do you mean by this?

[Dolphus Raymond]

Hmm? What do you mean by this?

People spend the night in jail for simple assault. People spend lots of nights in prison, on average, and not for simple assault. I think you're conflating terms.

Otherwise, if you're saying there shouldn't be a rule that says assault=arrest=jail, then...uh, elaborate.

[rebellious_teen]

No, I presumed when OP said "thrown in prison" he meant imprisonment.

[Dolphus Raymond]

No, I presumed when OP said "thrown in prison" he meant imprisonment.

Oh, he did say prison. I assume he meant jail cell. Like I said, no one is thrown in prison for simple assault, unless it's some three-strikes type deal. Not in Canada, not in the U.S.

My apologies for the misunderstanding.