Re: Probably broken
[Re: warrior]
#7946750
09/08/23 04:23 PM
09/08/23 04:23 PM
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Joined: Aug 2023
North Idaho
LR5Ranger
trapper
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trapper
Joined: Aug 2023
North Idaho
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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.
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Re: Probably broken
[Re: warrior]
#7946753
09/08/23 04:30 PM
09/08/23 04:30 PM
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Joined: May 2009
Champaign County, Ohio.
KeithC
trapper
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trapper
Joined: May 2009
Champaign County, Ohio.
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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
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Re: Probably broken
[Re: Oreamnos]
#7946759
09/08/23 04:39 PM
09/08/23 04:39 PM
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Joined: Oct 2011
Western Shore Delaware
SJA
trapper
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trapper
Joined: Oct 2011
Western Shore Delaware
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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
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Re: Probably broken
[Re: warrior]
#7946840
09/08/23 07:44 PM
09/08/23 07:44 PM
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Joined: Mar 2013
chelsea,wi
keets
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trapper
Joined: Mar 2013
chelsea,wi
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tough to get blood from a turnip
2021 goals....make time to trap PROUD MEMBER WTA NTA FTA GOA SPORTSMANS ALLIANCE
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Re: Probably broken
[Re: warrior]
#7946842
09/08/23 07:50 PM
09/08/23 07:50 PM
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Joined: May 2011
Oakland, MS
yotetrapper30
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trapper
Joined: May 2011
Oakland, MS
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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.
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Re: Probably broken
[Re: warrior]
#7946860
09/08/23 08:26 PM
09/08/23 08:26 PM
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Joined: Oct 2011
Western Shore Delaware
SJA
trapper
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trapper
Joined: Oct 2011
Western Shore Delaware
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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
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Re: Probably broken
[Re: SJA]
#7946873
09/08/23 08:50 PM
09/08/23 08:50 PM
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Joined: May 2009
Champaign County, Ohio.
KeithC
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trapper
Joined: May 2009
Champaign County, Ohio.
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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
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Re: Probably broken
[Re: DaveP]
#7946874
09/08/23 08:54 PM
09/08/23 08:54 PM
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Posco
Unregistered
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Posco
Unregistered
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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..."
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Re: Probably broken
[Re: KeithC]
#7946875
09/08/23 08:55 PM
09/08/23 08:55 PM
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Joined: Oct 2011
Western Shore Delaware
SJA
trapper
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trapper
Joined: Oct 2011
Western Shore Delaware
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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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