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Usenet Posted 22 years ago
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Why no "Battery with a deadly Weapon"?
I had a case where the client was charged with attempted murder because he stabbed someone in the back. I thought of asking the DA to reduce the charge to "Assault with a Deadly Weapon".
Then it occurred to me that although my client had committed an assault with a deadly weapon he had also committed a "battery with a deadly weapon" presumably more serious than assault and less serious than attempted murder. (assault is defined as an attempted battery). Yet there is no such crime defined in the California Penal Code.
Then it occurred to me that although my client had committed an assault with a deadly weapon he had also committed a "battery with a deadly weapon" presumably more serious than assault and less serious than attempted murder. (assault is defined as an attempted battery). Yet there is no such crime defined in the California Penal Code.
Top answer
[nq:1]I had a case where the client was charged with attempted murder because he stabbed someone in the back. I ... murder.
- [nq:1]I had a case where the client was charged with attempted murder because he stabbed someone in the back.
- I ...
- murder.
- (assault is defined as an attempted battery).
- [/nq] Dunno if it works the same over there, but here 'assault' in law includes any attempt to cause injury, even if no injury is caused and even if no contact is made.
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31 Answers
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[nq:1]I had a case where the client was charged with attempted murder because he stabbed someone in the back. I ... murder. (assault is defined as an attempted battery). Yet there is no such crime defined in the California Penal Code.[/nq]
Dunno if it works the same over there, but here 'assault' in law includes any attempt to cause injury, even if no injury is caused and even if no contact is
Dunno if it works the same over there, but here 'assault' in law includes any attempt to cause injury, even if no injury is caused and even if no contact is
00
[nq:1]I had a case where the client was charged with attempted murder because he stabbed someone in the back. I ... murder. (assault is defined as an attempted battery). Yet there is no such crime defined in the California Penal Code.[/nq]
Is there a crime defined as aggravated assault, which would mean the same thing as battery?
Mike Bandy
Is there a crime defined as aggravated assault, which would mean the same thing as battery?
Mike Bandy
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[nq:1]Is there a crime defined as aggravated assault, which would mean the same thing as battery? Mike Bandy[/nq]
You're right. And come to think about it, it's missed named. It should be aggravated battery.
You're right. And come to think about it, it's missed named. It should be aggravated battery.
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John Dean wibbled
[nq:1]Dunno if it works the same over there, but here 'assault' in law includes any attempt to cause injury, even ... a punch and the person who throws a knife - a way of indicating the potential severity of the action.[/nq]
Our little adventure in Oxford the other week* has led to a report of Common Assault being filed on T's behalf. (We'll gloss over the matter o
[nq:1]Dunno if it works the same over there, but here 'assault' in law includes any attempt to cause injury, even ... a punch and the person who throws a knife - a way of indicating the potential severity of the action.[/nq]
Our little adventure in Oxford the other week* has led to a report of Common Assault being filed on T's behalf. (We'll gloss over the matter o
00
[nq:1]John Dean wibbled[/nq]
[nq:2]Dunno if it works the same over there, but here ... a way of indicating the potential severity of the action.[/nq]
[nq:1]Our little adventure in Oxford the other week* has led to a report of Common Assault being filed on T's ... In theory, we were told, AWDW was also a possible charge but there was no real benefit in filing that.[/nq]
I can und
[nq:2]Dunno if it works the same over there, but here ... a way of indicating the potential severity of the action.[/nq]
[nq:1]Our little adventure in Oxford the other week* has led to a report of Common Assault being filed on T's ... In theory, we were told, AWDW was also a possible charge but there was no real benefit in filing that.[/nq]
I can und
00
[nq:1]Is there a crime defined as aggravated assault, which would mean the same thing as battery?[/nq]
The last time I had reason to care (in Texas, 1982), my batterer plea-bargained down from felony assault to misdemeanor assault. Unfortunately for him, he got the max: 3 years in the state pokey, not exactly what one would expect for a "misdemeanor."
Martin Ambuhl
The last time I had reason to care (in Texas, 1982), my batterer plea-bargained down from felony assault to misdemeanor assault. Unfortunately for him, he got the max: 3 years in the state pokey, not exactly what one would expect for a "misdemeanor."
Martin Ambuhl
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Ross Howard wibbled
[nq:1]Jacqui wrought[/nq]
[nq:2]Our little adventure in Oxford the other week* has led ... charge but there was no real benefit in filing that.[/nq]
[nq:1]I can understand your no doubt considerable distress because of the risk to your baby, but what's the real benefit ... kinds of "sentences" that serve any positive purpose either for the victims of juvenile japes
[nq:1]Jacqui wrought[/nq]
[nq:2]Our little adventure in Oxford the other week* has led ... charge but there was no real benefit in filing that.[/nq]
[nq:1]I can understand your no doubt considerable distress because of the risk to your baby, but what's the real benefit ... kinds of "sentences" that serve any positive purpose either for the victims of juvenile japes
00
[nq:1]I had a case where the client was charged with attempted murder because he stabbed someone in the back. I ... murder. (assault is defined as an attempted battery). Yet there is no such crime defined in the California Penal Code.[/nq]
Well, there is this bit:
Title 8, Ch. 8.
243.(d) When a battery is committed against any person and serious bodily injury is inflicted on the p
Well, there is this bit:
Title 8, Ch. 8.
243.(d) When a battery is committed against any person and serious bodily injury is inflicted on the p
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[nq:1]John Dean wibbled[/nq]
[nq:2]Dunno if it works the same over there, but here ... a way of indicating the potential severity of the action.[/nq]
[nq:1]Our little adventure in Oxford the other week* has led to a report of Common Assault being filed on T's ... by one of a group of schoolchildren. T sustained a small cut to the face (and didn't really notice). Jac[/nq]
Nasty.
[nq:2]Dunno if it works the same over there, but here ... a way of indicating the potential severity of the action.[/nq]
[nq:1]Our little adventure in Oxford the other week* has led to a report of Common Assault being filed on T's ... by one of a group of schoolchildren. T sustained a small cut to the face (and didn't really notice). Jac[/nq]
Nasty.
00
[nq:2]Our little adventure in Oxford the other week* has led ... charge but there was no real benefit in filing that.[/nq]
[nq:1]I can understand your no doubt considerable distress because of the risk to your baby, but what's the real benefit ... kinds of "sentences" that serve any positive purpose either for the victims of juvenile japes like that or their perpetrators.[/nq]
You're serio
[nq:1]I can understand your no doubt considerable distress because of the risk to your baby, but what's the real benefit ... kinds of "sentences" that serve any positive purpose either for the victims of juvenile japes like that or their perpetrators.[/nq]
You're serio
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