Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
You don't think trespassing is a crime? hahahahaha
Is it because property rights dont matter in America? hahahaha thx for the laugh.
Trespassing is an offense. But there is no indication that Arbery committed the offense. Entering a house under construction does not automatically mean an offense of trespass. In general notice is required as the minimum needed to make it an offense. So no signs no trespass unless you steal or damage something.
(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or
(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
As it relates to this case, you seem to forget that in GA, the threat of harm qualifies as assault, the weapon need not be actually used to strike or shoot or stab.
Simple assault requires no weapon. Aggravated assault does, it’s highlighted in the quote of your post above.
I don’t really care if you understand it or not, but given that you quoted the relevant information, you should understand it.
This was common sense knowledge to anyone that viewed the video. Why would some random person be in that area at exactly the 'right' moment, and then happen to be filming the situation from his vehicle while following along?
The GBI certainly has more information and experience to judge this matter from the evidence than the armchair judge, jury, and executioners out there on internet land.
Did the McMichaels honk or yell out the window saying something like "we saw the thief, hes running, help us chase him, down" Did they also say keep us on film or was that Roddy's idea"
Did they or someone else call ahead and alert Roddy?
Did they and any of the other neighbors have some prearranged plan in case Arberry was seen again?
Status:
"I don't understand. But I don't care, so it works out."
(set 8 days ago)
35,634 posts, read 17,975,706 times
Reputation: 50663
Quote:
Originally Posted by readyplayer1
Again, for the third time, he did not commit trespass according to GA law. The actual law has been posted on this thread many times. Go educate yourself! There is no reason to be willfully ignorant.
I think the problem here, is it really defies belief that entering someone's home without the knowledge or consent of the homeowner isn't a crime in Georgia, and yet, that's true. You can enter through an unlocked door or window and take a nap on their couch all you please. Gotta leave if they tell you, though.
Additionally, it's nearly unbelievable that pointing a gun at someone without provocation and then deciding not to shoot is the same crime in Georgia as pointing a gun, shooting them in the back, and paralyzing them for life.
"(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or" https://law.justia.com/codes/georgia...icle-2/16-5-21
See the part that says "Commits an act which places another in reasonable apprehension of immediately receiving a violent injury."? Chasing someone for 4 minutes in your truck then confronting them with guns in hand would fulfill the assault part.
Having a gun while committing that assault makes it aggravated assault.
Killing someone while committing a felony aggravated assault is a murder charge.
Quote:
Originally Posted by TaxPhd
Having a weapon is not enough. One must assault WITH the weapon.
Quote:
Originally Posted by jjrose
Not according to the law, which I quoted and bolded. Sorry if you have reading comprehension issues, but it is plain English.
Quote:
Originally Posted by jjrose
Simple assault IS assault as defined by the law in GA. Using a weapon while committing a simple assault makes that simple assault an aggravated assault.
This is what the law says, as I have shown you repeatedly.
I don’t know what kind of revisionist history game you’re trying to play, but you clearly state above that having the gun is what makes it aggravated assault. You’re wrong, the assault must be committed with the gun.
Telling a lie enough times doesn’t make it the truth.
Simple assault requires no weapon. Aggravated assault does, it’s highlighted in the quote of your post above.
I don’t really care if you understand it or not, but given that you quoted the relevant information, you should understand it.
Aggravated assault is a simple assault with a weapon. Neither simple assault nor an aggravated assault require any contact. A simple assault only requires and act which places another in reasonable apprehension of immediately receiving a violent injury. Aggravated assault would be an act which places another in reasonable apprehension of immediately receiving a violent injury while having a weapon.
IF that weapon is used and someone is injured it becomes aggravated BATTERY, or attempted murder. If someone is killed then it becomes murder.
Additionally, it's nearly unbelievable that pointing a gun at someone without provocation and then deciding not to shoot is the same crime in Georgia as pointing a gun, shooting them in the back, and paralyzing them for life.
Honestly, I've never seen laws as unintuitive.
It would be totally crazy if that were the case. Fortunately, it's not. If you shoot someone it's then aggravated battery. In most cases, unless you could show the intent was to maim rather than kill, attempted murder.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
