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

[Marion Gwizdala]

Artie,
    I find this very difficult to believe. Battery is a basic legal 
construct that is part of every penal code. What term does NY use to refer 
to the illegal touching of another?

Fraternally yours,
Marion


----- Original Message ----- 
From: "Artie." <anolden at tampabay.rr.com>
To: "NAGDU" <nagdu at nfbnet.org>
Sent: Wednesday, September 21, 2011 6:59 PM
Subject: Re: [nagdu] . Social Security guard faces arrest ---.


>
>
>
>    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
>
>
>
>
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