[nagdu] . Social Security guard faces arrest ---.

[Artie.]

    Well, each state is diffeerent.    In NY we did not have the word "battery" in the state penal law.

    We had assault in the third, second and first degrees.  The third degree was least severe, and first degree was most severe.  Third Degree was a Class A Misdemeanor, the maximum penalty was one year in the county jail, fine up to $1,000, part of either, and / or Probation.  Second and First Degree Assault were felonies.

    Harrassment under section 240.25 of the Penal Law was a *violation, max fine $250, max jail 15 days.  Back then there were five subdivisions in 240.25.  

    The operative was that if you did one of the five things, *with intent to harrass or annoy" another person.  If you say "F U!" to a cop, you get arrested, and if I recall, that is subdivision  2.  One of the subdivisions has to do with threatening to do harm to another person.

    I was the clerk in a courtroom when a wise guy came in to answer such a charge.  He was out on police station bail to guarantee his appearance in court on the prescribed date.  The judge gave him a copy of the charge, and had him read it to himself.  He had waived the public reading of the charge in open court.

    The judge advised him of his right to have a lawyer represent him, and to have an adjournment to procure one.  

    Without going through the rest of the formalities, the wise guy pled guilty.  He also waived his right to a 48 hour stay before sentence would be imposed.
    The judge sentenced him to a fine of $250, the max, or in the alternative, 15 days in jail.  It was either or.

    The wise guy was getting married that weekend.  He didn't have that kinda money to lay out for a fine.  Yeh, and I knew what the next thing would be to happen.  The judge told him that the alternative is 15 days in the county jail in Riverhead.  

    The judge told this wise guy that the Sheriff's office will accept the $250 at the jail 24 - 7.  

    Then the judge told the court officer, take him away."  The court officer turns the person over to the deputy sheriff in the holding cell area next to the courtroom, to be transported to the jail.  As soon as someone would pay the fine, he would be released.  

    He WAS the town bully in the town where I lived and went to high school.   So I kinda looked down alot at paperwork, as I had an ear to ear smerk while this was happnin'.  I never found out what gal would marry this guy.

    As Harrassment was classified as a *violation  in the Penal Law, he did not acquire himself a criminal record.

    Artie.

================.
From: "Marion Gwizdala" 

Tami,
    Simple battery is not as simple as it seems. The crime of assault is  defined as putting someone in fear, Like saying, "I'm going to hit you!" or  making such gestures. Battery is the act of touching someone with the intent  of inflicting bodily harm. Simple battery is generally a misdemeanor crime.   The next level of battery is aggravated battery and is a circumstantial 
enhancement to the crime, such as using a weapon. 
All of this will likely come out during the investigation.

Fraternally yours,
Marion Gwizdala