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View Poll Results: Was it murder
Yes 299 58.86%
No 68 13.39%
Don't know/let's wait and see as more evidence is gathered 141 27.76%
Voters: 508. You may not vote on this poll

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Old 05-22-2020, 05:20 PM
 
21,109 posts, read 13,571,675 times
Reputation: 19723

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Quote:
Originally Posted by ClaraC View Post
Right. That's "simple assault".

We were discussing aggravated assault, which is different and much more severe.

Simple assault is a misdemeanor (and it does appear to apply to what the McMichael's did) where aggravated assault is a felony, and doesn't cover the behavior the McMichaels engaged in.
did you even read what you were responding to? The addition of guns is what makes it aggravated. It's right there in the post you quoted.

 
Old 05-22-2020, 05:24 PM
Status: "I don't understand. But I don't care, so it works out." (set 10 days ago)
 
35,635 posts, read 17,982,736 times
Reputation: 50676
Quote:
Originally Posted by jencam View Post
did you even read what you were responding to? The addition of guns is what makes it aggravated. It's right there in the post you quoted.
Did YOU read it?

This is key:

A person commits the offense of aggravated assault when he or she assaults:

They weren't assaulting him. They were brandishing a weapon, and it's not all that clear they were pointing it at him. Brandishing a weapon is not assaulting someone.

Assaulting someone is assaulting someone.

If they were to go up and club him with the gun or kick him in the gut as he walked by, that would be assault while carrying a deadly weapon.

Standing there telling him to stop isn't assault.

What they did was simple assault. Arbery had reason to believe he was about to be seriously harmed.
 
Old 05-22-2020, 05:28 PM
 
13,388 posts, read 6,444,403 times
Reputation: 10022
Quote:
Originally Posted by ClaraC View Post
Right. That's "simple assault".

We were discussing aggravated assault, which is different and much more severe.

Simple assault is a misdemeanor (and it does appear to apply to what the McMichael's did) where aggravated assault is a felony, and doesn't cover the behavior the McMichaels engaged in.
Youre not reading all the words.

Go back and reread what jjrose posted.

Here's a lay explanation for you.

https://www.criminaldefenselawyer.co...d-assault-laws
 
Old 05-22-2020, 05:29 PM
Status: "I don't understand. But I don't care, so it works out." (set 10 days ago)
 
35,635 posts, read 17,982,736 times
Reputation: 50676
Quote:
Originally Posted by readyplayer1 View Post
So you knew he considered the white couple as suspects?
I knew he had called the police when he got a video alert that they were entering his home. He had called the police so many times Officer Rash threw his hands in the air and suggested he use a neighbor for help with security.
 
Old 05-22-2020, 05:32 PM
 
Location: Middle of nowhere
24,260 posts, read 14,214,925 times
Reputation: 9895
Quote:
Originally Posted by TaxPhd View Post
Like most of your conclusions, this one is demonstrably wrong as well.
Nope. That is a direct reading of the law.
 
Old 05-22-2020, 05:33 PM
 
13,388 posts, read 6,444,403 times
Reputation: 10022
Quote:
Originally Posted by Loveshiscountry View Post
That's just a dishonest statement made by someone who is uneducated when it comes to racism.

The best part about your absurd post is in the very same post you quoted I proved I am very educated when it comes to racism. I exposed the same party that has passed racist laws over and over again. Yet you don't understand that? LOL Refuse to understand that is more like it.

You're missing the truth. Not knowing anything about 2 people and playing the race card is repulsive. Knowing the back ground of which party or group one belongs to can offer insight into ones thought process.
That's an odd statement.

I know racists who belong to all sorts of different political parties.

But, thanks for clarifying your thought process.
 
Old 05-22-2020, 05:33 PM
Status: "I don't understand. But I don't care, so it works out." (set 10 days ago)
 
35,635 posts, read 17,982,736 times
Reputation: 50676
Quote:
Originally Posted by Blondy View Post
Youre not reading all the words.

Go back and reread what jjrose posted.

Here's a lay explanation for you.

https://www.criminaldefenselawyer.co...d-assault-laws
I'm still not seeing it, Blondy.

Simple assault is the clear and believable threat to harm another (which it appears is what was going on here).

Aggravated assault actually requires that the person IS assaulted, not just threatened.

(Also, discharging a firearm when the shooter is seated in a car, which doesn't apply).

I don't think (this is opinion only) that McMichaels intended at all to shoot Arbery. I believe his intent (and what he actually did) was to threaten him with it to get him to stop so cops could arrive.

So. During the simple assault of threatening Arbery with harm, Arbery attacked him out of fear, and McMichaels shot him in self-defense.

I'd be interested in your take, upon rereading. Aggravated assault actually requires assault, not just threat, which was what McMichaels was doing. Threatening.
 
Old 05-22-2020, 05:37 PM
 
Location: Middle of nowhere
24,260 posts, read 14,214,925 times
Reputation: 9895
Quote:
Originally Posted by TaxPhd View Post
Having a weapon is not enough. One must assault WITH the weapon.
Not according to the law, which I quoted and bolded. Sorry if you have reading comprehension issues, but it is plain English.
 
Old 05-22-2020, 05:38 PM
 
Location: Middle of nowhere
24,260 posts, read 14,214,925 times
Reputation: 9895
Quote:
Originally Posted by ClaraC View Post
Right. That's "simple assault".

We were discussing aggravated assault, which is different and much more severe.

Simple assault is a misdemeanor (and it does appear to apply to what the McMichael's did) where aggravated assault is a felony, and doesn't cover the behavior the McMichaels engaged in.
Read it again, I quoted both, because simple assault is needed to have an aggravated assault.

Aggravated assault is a simple assault with a weapon.
 
Old 05-22-2020, 05:39 PM
 
13,388 posts, read 6,444,403 times
Reputation: 10022
Quote:
Originally Posted by ClaraC View Post
I knew he had called the police when he got a video alert that they were entering his home. He had called the police so many times Officer Rash threw his hands in the air and suggested he use a neighbor for help with security.
Do we actually know that Officer Rash or anyone else at the PD actually threw their hands in the air and stopped coming out to check things out after the text between English and Rash?
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