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Old 07-14-2013, 09:40 AM
 
Location: NYPD"s 30th Precinct
2,420 posts, read 4,194,177 times
Reputation: 2445

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Quote:
Originally Posted by Muggz494 View Post
OK, but how is physically grabbing someone at random and wrestling them to the ground not assault? I was under the impression that you can't go around putting your hands on people. Must research this...Unfortunately, I guess you should have said you were hurt.
Because for it to be assault, the attacker must inflict or cause physical injury. So when:

Quote:
The officer asked me if I was injured, and I said I was fine.
happened, the cops lost any ability to charge the drunk guy with assault. They could get him with second degree harassment, which is just a violation, not even a misdemeanor. They might as well write him a jaywalking ticket.

 
Old 07-14-2013, 09:41 AM
 
Location: Manhattan
20,134 posts, read 26,416,255 times
Reputation: 9026
Apparently the lazy moron of a cop does not know the definition of CRIMINAL ASSAULT.
 
Old 07-14-2013, 09:44 AM
 
4,911 posts, read 6,819,883 times
Reputation: 4279
Quote:
Originally Posted by Febtober View Post
Because for it to be assault, the attacker must inflict or cause physical injury. So when:



happened, the cops lost any ability to charge the drunk guy with assault. They could get him with second degree harassment, which is just a violation, not even a misdemeanor. They might as well write him a jaywalking ticket.


Please refrain from bringing facts into this. We are having an irrational, emotionally charged discussion here. If you'd like to continue posting, we'd appreciate it if you referred to them as thugs or a "gang".

Thank you...
 
Old 07-14-2013, 10:01 AM
 
3 posts, read 3,292 times
Reputation: 13
I appreciate the responses. A discouraging set of circumstances to say the least. I always walked the streets of Manhattan believing there was an implicit belief that there was a zero tolerance for this type of behavior in NYC these days, and that criminal violent behavior lwould be enforced to fullest extent possible.

Why else has the city deployed security cameras on every corner, have cops on every street, and basically enact a police state in the city of New York?

For appearance purposes only? My perception has changed dramatically.
 
Old 07-14-2013, 10:10 AM
 
Location: alexandria, VA
6,881 posts, read 3,613,112 times
Reputation: 4049
So NYPD can stop and search you on the street for no good reason and bust you for a small amount of marijuana but if you're violently attacked by some drunk wacko you're on your own. Beam me up Scotty.
 
Old 07-14-2013, 10:10 AM
 
3 posts, read 3,292 times
Reputation: 13
Oh and my neck and and surrounding areas are sore and stiff this morning my elbows are scuffed. I wasn't aware I had to be literal to expect reasonable law enforcement.

What if I was female?
 
Old 07-14-2013, 10:18 AM
 
4,911 posts, read 6,819,883 times
Reputation: 4279
Quote:
Originally Posted by theskyispink View Post
Oh and my neck and and surrounding areas are sore and stiff this morning my elbows are scuffed. I wasn't aware I had to be literal to expect reasonable law enforcement.

What if I was female?

I assumed you were a female. You shoulda retaliated afterwards. A drunk f@ck like that wouldn't even know what to do.
 
Old 07-14-2013, 10:50 AM
 
Location: Staten Island, NY
7,901 posts, read 6,474,824 times
Reputation: 7088
Quote:
Originally Posted by Kefir King View Post
Apparently the lazy moron of a cop does not know the definition of CRIMINAL ASSAULT.
Why don't you explain this non-NY penal law charge then?
 
Old 07-14-2013, 10:54 AM
 
Location: Staten Island, NY
7,901 posts, read 6,474,824 times
Reputation: 7088
Assault in NY is very simple: there must be an injury or a complaint of pain. If not, then the actions you describe amount to harrassment, which is a violation, and the officers CAN'T arrest anyone for a violation without witnessing it. This is the law, period. It seems everyone wants the cops in NY to follow the law to a strict T, except when those T's don't line up with what they themselves want or need, then the cops are wrong for not ignoring the T.
 
Old 07-14-2013, 11:05 AM
 
Location: Brooklyn,NY
10,327 posts, read 12,413,543 times
Reputation: 15395
Quote:
Originally Posted by leoliu View Post
Man I have not bee out in the wild that early in the morning or late at night for decades. I am glad I did not. Sounds really rough out there...Sorry to hear the unhelpful situation
Between 2 AM and 5 AM on the weekend especially are when many assaults occur, Esp involving intoxicated or drugged offenders after the their parties end where they may be the perpetrators, victims or they wind up on the subway tracks or in another serious accident It was assault, And the fact he was stumbling around the streets doing that means he is a danger to the public, And himself as well. Them getting him off the streets for a night at least would have been the right thing since someone was assaulted and reported it.
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