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Re: Probably broken [Re: warrior] #7946678
09/08/23 02:15 PM
09/08/23 02:15 PM
Joined: Jun 2010
Posts: 16,382
Iowa
~ADC~ Offline
The Count
~ADC~  Offline
The Count

Joined: Jun 2010
Posts: 16,382
Iowa
I'm no lawyer and didn't suggest it because I like them but I sure hope you get some satisfaction.

Re: Probably broken [Re: warrior] #7946680
09/08/23 02:17 PM
09/08/23 02:17 PM
Joined: Aug 2011
Posts: 45,524
james bay frontierOnt.
B
Boco Offline
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Boco  Offline
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Posts: 45,524
james bay frontierOnt.
The only discovery needed is to discover where he lives,where he goes and when.


Forget that fear of gravity-get a little savagery in your life.
Re: Probably broken [Re: Boco] #7946690
09/08/23 02:36 PM
09/08/23 02:36 PM
Joined: Jan 2019
Posts: 6,679
Wabash, IN USA
Flipper 56 Offline
trapper
Flipper 56  Offline
trapper

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Posts: 6,679
Wabash, IN USA
Originally Posted by Boco
The only discovery needed is to discover where he lives,where he goes and when.

grin


"Where Can A Man Find Bear Beaver And Other Critters Worth Cash Money When Skinned?"

Re: Probably broken [Re: warrior] #7946723
09/08/23 03:43 PM
09/08/23 03:43 PM
Joined: Feb 2008
Posts: 411
TN
Oreamnos Offline
trapper
Oreamnos  Offline
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Joined: Feb 2008
Posts: 411
TN
Regardless of a lawsuit towards the school, will criminal charges be brought against the perpetrator? Can civil charges be brought against him and/or his parents?

Re: Probably broken [Re: warrior] #7946724
09/08/23 03:44 PM
09/08/23 03:44 PM
Joined: Jan 2007
Posts: 25,650
Georgia
warrior Offline OP
trapper
warrior  Offline OP
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Posts: 25,650
Georgia
They've dropped it to a misdemeanor family court.


[Linked Image]
Re: Probably broken [Re: warrior] #7946750
09/08/23 04:23 PM
09/08/23 04:23 PM
Joined: Aug 2023
Posts: 94
North Idaho
L
LR5Ranger Offline
trapper
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Joined: Aug 2023
Posts: 94
North Idaho
Originally Posted by warrior
They've dropped it to a misdemeanor family court.


This is why the idea of defunding the cops and letting citizens take care of it themselves doesn’t sound like the worst idea. We’re I in your shoes my biggest concern would be the cops arresting me for handing out the justice that the system refuses to.

Re: Probably broken [Re: warrior] #7946753
09/08/23 04:30 PM
09/08/23 04:30 PM
Joined: May 2009
Posts: 15,694
Champaign County, Ohio.
K
KeithC Offline
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KeithC  Offline
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Posts: 15,694
Champaign County, Ohio.
I would insist that they go with the Aggravated Battery felony charge, since the conditions were met.

"2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 2 - Assault and Battery
§ 16-5-24. Aggravated Battery
Universal Citation: GA Code § 16-5-24 (2020)
A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
Except as provided in subsections (c) through (g) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.
A person who knowingly commits the offense of aggravated battery upon a public safety officer while the public safety officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years; provided, however, that for persons who are at least 17 years of age, a mandatory minimum term of imprisonment of three years shall be imposed and no portion of the mandatory minimum sentence shall be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum.
A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.
Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years."

Keith

Re: Probably broken [Re: warrior] #7946754
09/08/23 04:33 PM
09/08/23 04:33 PM
Joined: Feb 2008
Posts: 411
TN
Oreamnos Offline
trapper
Oreamnos  Offline
trapper

Joined: Feb 2008
Posts: 411
TN
How is this not felony assault?

So for those with law experience, could a civil case be brought? Not to win money, just to bleed the perpetrator of money with court fees? I understand nobody but the lawyers may win in this situation but hypothetically, if you had 10k you were willing to throw away. Could you bleed them out in civil court? Or is it such that once misdemeanor family court is done you have no civil recourse?

Re: Probably broken [Re: warrior] #7946755
09/08/23 04:34 PM
09/08/23 04:34 PM
Joined: Feb 2008
Posts: 411
TN
Oreamnos Offline
trapper
Oreamnos  Offline
trapper

Joined: Feb 2008
Posts: 411
TN
I agree with KeithC.

Re: Probably broken [Re: Oreamnos] #7946759
09/08/23 04:39 PM
09/08/23 04:39 PM
Joined: Oct 2011
Posts: 2,797
Western Shore Delaware
SJA Offline
trapper
SJA  Offline
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Joined: Oct 2011
Posts: 2,797
Western Shore Delaware
Originally Posted by Oreamnos
How is this not felony assault?

So for those with law experience, could a civil case be brought? Not to win money, just to bleed the perpetrator of money with court fees? I understand nobody but the lawyers may win in this situation but hypothetically, if you had 10k you were willing to throw away. Could you bleed them out in civil court? Or is it such that once misdemeanor family court is done you have no civil recourse?


It all depends on the definitions of assault, battery, or felony in Georgia.


"Humans are the hardest people to get along with."
Dr. Phillip Snow
Re: Probably broken [Re: warrior] #7946779
09/08/23 05:08 PM
09/08/23 05:08 PM
Joined: May 2009
Posts: 15,694
Champaign County, Ohio.
K
KeithC Offline
trapper
KeithC  Offline
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K

Joined: May 2009
Posts: 15,694
Champaign County, Ohio.
Georgia, in many instances, upgrades offenses on "school vehicles".

Keith

Re: Probably broken [Re: warrior] #7946840
09/08/23 07:44 PM
09/08/23 07:44 PM
Joined: Mar 2013
Posts: 2,172
chelsea,wi
keets Offline
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chelsea,wi
tough to get blood from a turnip


2021 goals....make time to trap
PROUD MEMBER WTA NTA FTA GOA SPORTSMANS ALLIANCE
Re: Probably broken [Re: warrior] #7946842
09/08/23 07:50 PM
09/08/23 07:50 PM
Joined: May 2011
Posts: 16,610
Oakland, MS
yotetrapper30 Offline
trapper
yotetrapper30  Offline
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Posts: 16,610
Oakland, MS
Originally Posted by warrior
Originally Posted by Providence Farm



So assault was done by a black kid?


I didn't say that but take it as you will.


If it was, I'd call the DA and DEMAND he be charged with a hate crime.


~~Proud Ultra MAGA~~
Re: Probably broken [Re: warrior] #7946860
09/08/23 08:26 PM
09/08/23 08:26 PM
Joined: Oct 2011
Posts: 2,797
Western Shore Delaware
SJA Offline
trapper
SJA  Offline
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Joined: Oct 2011
Posts: 2,797
Western Shore Delaware
Keith, which of the conditions do you think were the Aggravated Battery felony charge met?


"Humans are the hardest people to get along with."
Dr. Phillip Snow
Re: Probably broken [Re: warrior] #7946862
09/08/23 08:30 PM
09/08/23 08:30 PM
Joined: Jan 2007
Posts: 5,011
MD
D
DaveP Offline
trapper
DaveP  Offline
trapper
D

Joined: Jan 2007
Posts: 5,011
MD
Find a big, rough 17 year old.
Give him $100.
To further another's education...

Re: Probably broken [Re: warrior] #7946863
09/08/23 08:34 PM
09/08/23 08:34 PM
Joined: Jan 2019
Posts: 3,636
North central Iowa
B
Bob_Iowa Offline
trapper
Bob_Iowa  Offline
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Joined: Jan 2019
Posts: 3,636
North central Iowa
A good friend says sometimes it’s just about the principle of the matter there’s been a couple of times where it cost him to take someone to court but he did it out of principle. I agree with Sharon and some others here that there is nothing wrong with learning self defense.

Re: Probably broken [Re: warrior] #7946866
09/08/23 08:43 PM
09/08/23 08:43 PM
Joined: Jan 2018
Posts: 4,585
MN
D
Donnersurvivor Offline
trapper
Donnersurvivor  Offline
trapper
D

Joined: Jan 2018
Posts: 4,585
MN
If you have a Facebook start posting the video to local pages, school page, community page, local PD page. If it shows what you say it shows there will be a community push for more serious charges, make sure to tag the the DA and prosecutors, include their emails and phone number.

Sorry this happened, my 19 month old Nephew threw a toy at my 13 month old daughter today and he was lucky grandma got between him and I before I reached him. We learned young not to hit, apparently this kid who hit your daughter never got the memo.

Re: Probably broken [Re: SJA] #7946873
09/08/23 08:50 PM
09/08/23 08:50 PM
Joined: May 2009
Posts: 15,694
Champaign County, Ohio.
K
KeithC Offline
trapper
KeithC  Offline
trapper
K

Joined: May 2009
Posts: 15,694
Champaign County, Ohio.
Originally Posted by SJA
Keith, which of the conditions do you think were the Aggravated Battery felony charge met?


"seriously disfiguring his or her body or a member thereof."

Georgia case precedent accepts that the breaking of the nose is considered "seriously disfiguring", in cases where people have been convicted of Aggravated Battery.

Keith

Re: Probably broken [Re: DaveP] #7946874
09/08/23 08:54 PM
09/08/23 08:54 PM
Joined: Nov 2017
Posts: 11,298
Maine, Aroostook
Posco Offline
trapper
Posco  Offline
trapper

Joined: Nov 2017
Posts: 11,298
Maine, Aroostook
Originally Posted by DaveP
Find a big, rough 17 year old.
Give him $100.
To further another's education...

I'd definitely have a conversation with Jr. along the lines of "If you ever come near my daughter again..."

Re: Probably broken [Re: KeithC] #7946875
09/08/23 08:55 PM
09/08/23 08:55 PM
Joined: Oct 2011
Posts: 2,797
Western Shore Delaware
SJA Offline
trapper
SJA  Offline
trapper

Joined: Oct 2011
Posts: 2,797
Western Shore Delaware
Originally Posted by KeithC
Originally Posted by SJA
Keith, which of the conditions do you think were the Aggravated Battery felony charge met?


"seriously disfiguring his or her body or a member thereof."

Georgia case precedent accepts that the breaking of the nose is considered "seriously disfiguring", in cases where people have been convicted of Aggravated Battery.

Keith


Thats interesting to know that in Georgia the breaking of the nose is considered "seriously disfiguring" I'd have to see the Case cited regarding this. A broken nose generally doesn't fit the definition of "seriously disfiguring" unless there is, or were other permanent factors involved.

Last edited by SJA; 09/08/23 09:11 PM.

"Humans are the hardest people to get along with."
Dr. Phillip Snow
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