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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.
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".
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.
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.
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.
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.
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.
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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