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]

Originally Posted by 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.

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]

Originally Posted by Dolphus Raymond

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

Hmm? What do you mean by this?

[Dolphus Raymond]

Originally Posted by rebellious_teen

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]

Originally Posted by rebellious_teen

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.