[nagdu] . Assault. [In NY Penal Law]. Cindy Ray.

[Artie.]

Hi Cindy Ray,

        Marion  perty much hit the nail on the head.  He also added the 
crime called "Menacing", which is in the NYS Penal Law.

    We're talking over 23 years since I got retired with vision 
deterioration.

    Basically, it is that all 50 states write and enact their own laws, no 
two are the same.

    The charge of Menacing was rarely used.    If I recall, it was because 
of the way the law was worded.  The state laws in NYS are written by the NYS 
legislature, um'm'm'm, lawyers, most of whom don't have a clue about what 
they're doing.

    Therefore, yes, "battery" might be the popular term in the movies, or in 
*some of the states.

The charge of Harassment under NYS Penal Law section 240.25 is a very good 
example of *duh.    It is not a matter of the fact that a person strikes 
another, or uses profane language, or follows another for no legitimate 
purpose.  The operative is that the person doing the act does so "with 
intent to harass or alarm" the victim.  You cannot prove "intent", because 
you cannot read the other person's mind to know that he or she intended to 
harass or alarm the victim.

    The charge of Harassment was used as a plea bargain tool, where they 
reduced the higher class of crime to  a *violation, instead of going through 
a trial with a jury.

    In County Court where they handle the disposition of felony charges, 
they might reduce the original charge of Assault 2 or 1 to Menacing, as a 
plea bargain.

    The guard at the Social Security office in Georgia *assaulted the lady, 
even though he did not strike her, or punch her.  He commited a physical act 
against her body, by pulling her arm and therefore dislocating her shoulder. 
We do not have the right to touch another person in a harmful way, except in 
self defence, or while in the process of placing someone under arrest, if 
the person resists the arrest.

    The term that is used for the name of the crime is unimportant.  In NYS 
the crime of "driving while intoxicated, DWI, is section 1192 - 1 of the 
Vehicle and Traffic Law.  1192 - 2 is "driving while under the influence of 
alcohol", D U I.  The 1 is a class a crime,  the 2 is a Class B crime.  The 
DWI gets reduced to DUI for the purpose of plea bargaining.

        Getting kinda O-T here.  Don't wanna go too far with this.

        we'd have to look up the Georgia statutes regarding the crime to be 
charged against the guard.  The name of the particular law might be 
*battery.  The guard and his employer  are open to civil liability on 
account of what he did to the lady.  In other words, they could be sued. 
Then it is a matter of whether the company is equally responsible, along 
with the guard, for the harm he caused to the lady.  That also depends upon 
how the laws there are written.

        Artie.
==============.
From: "Cindy Ray"

Don't people sometimes get charged with "assault and battery?" Or is that 
just in the movies. If it is real, then what exactly would that mean. Really 
curious about this now.
Cindy