Jump to content

Deerthug

Members
  • Posts

    4018
  • Joined

  • Last visited

  • Days Won

    25

 Content Type 

Profiles

Forums

Hunting New York - NY Hunting, Deer, Bow Hunting, Fishing, Trapping, Predator News and Forums

Media Demo

Links

Calendar

Store

Everything posted by Deerthug

  1. Sorry. I don't handle criminal matters so I researched the law in NY on assault charges and harassment for my own benefit and I wanted to share with you all to set the record straight.
  2. Here is the penal law on harrassment and assault. There is no separate penal code for battery although the definition of battery is unwanted touching. There are however various degrees of assault as well as harrassment. § 240.25 Harassment in the first degree. A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury. Harassment in the first degree is a class B misdemeanor. § 240.26 Harassment in the second degree. A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or 2. He or she follows a person in or about a public place or places; or 3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. Harassment in the second degree is a violation. Compared to Assault § 120.10 Assault in the first degree. A person is guilty of assault in the first degree when: 1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or 2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or 3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or 4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants. Assault in the first degree is a class B felony. § 120.05 Assault in the second degree. A person is guilty of assault in the second degree when: 1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or 2. With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or 3. With intent to prevent a peace officer, a police officer, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, a city marshal, a traffic enforcement officer or traffic enforcement agent, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace officer, police officer, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician, city marshal, traffic enforcement officer or traffic enforcement agent, he or she causes physical injury to such peace officer, police officer, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, traffic enforcement officer or traffic enforcement agent; or 3-a. With intent to prevent an employee of a local social services district directly involved in investigation of or response to alleged abuse or neglect of a child, a vulnerable elderly person or an incompetent or physically disabled person, from performing such investigation or response, the actor, not being such child, vulnerable elderly person or incompetent or physically disabled person, or with intent to prevent an employee of a local social services district directly involved in providing public assistance and care from performing his or her job, causes physical injury to such employee including by means of releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activities of such employee; or 4. He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or * 4-a. He recklessly causes physical injury to another person who is a child under the age of eighteen by intentional discharge of a firearm, rifle or shotgun; or * NB Effective March 16, 2013 5. For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to him, without his consent, a drug, substance or preparation capable of producing the same; or 6. In the course of and in furtherance of the commission or attempted commission of a felony, other than a felony defined in article one hundred thirty which requires corroboration for conviction, or of immediate flight therefrom, he, or another participant if there be any, causes physical injury to a person other than one of the participants; or 7. Having been charged with or convicted of a crime and while confined in a correctional facility, as defined in subdivision three of section forty of the correction law, pursuant to such charge or conviction, with intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 8. Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly causes serious physical injury to such person; or 9. Being eighteen years old or more and with intent to cause physical injury to a person less than seven years old, the defendant causes such injury to such person; or 10. Acting at a place the person knows, or reasonably should know, is on school grounds and with intent to cause physical injury, he or she: a. causes such injury to an employee of a school or public school district; or b. not being a student of such school or public school district, causes physical injury to another, and such other person is a student of such school who is attending or present for educational purposes. For purposes of this subdivision the term "school grounds" shall have the meaning set forth in subdivision fourteen of section 220.00 of this chapter. 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator or station agent employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a traffic enforcement officer, traffic enforcement agent, sanitation enforcement agent, New York city sanitation worker, registered nurse or licensed practical nurse he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator or station agent, city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, or such city marshal, traffic enforcement officer, traffic enforcement agent, registered nurse or licensed practical nurse, sanitation enforcement agent or New York city sanitation worker, is performing an assigned duty. 11-a. With intent to cause physical injury to an employee of a local social services district directly involved in investigation of or response to alleged abuse or neglect of a child, vulnerable elderly person or an incompetent or physically disabled person, the actor, not being such child, vulnerable elderly person or incompetent or physically disabled person, or with intent to prevent an employee of a local social services district directly involved in providing public assistance and care from performing his or her job, causes physical injury to such employee; or 12. With intent to cause physical injury to a person who is sixty-five years of age or older, he or she causes such injury to such person, and the actor is more than ten years younger than such person. Assault in the second degree is a class D felony. § 120.00 Assault in the third degree. A person is guilty of assault in the third degree when: 1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 2. He recklessly causes physical injury to another person; or 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. Assault in the third degree is a class A misdemeanor.
  3. Really? Check your sources. Usually they are charged together if the threat of harm actually results in a harm.
  4. Actually "assault" is not the actual contact. Assault is defined in layman's terms as a threat of imminent bodily harm coupled with the means to carry it out. "Battery" is the actual physical contact which can range from an unwanted touching to an all out beating.
  5. Early, no one ever wishes the death of a child or grandchild on someone else. There is never a bright side to cases like these. But the law is the law and the prosecution clearly did not meet it's burden here. No one knows what happened that night other than Zimmerman and Martin. The witness accounts were not reliable as was demonstrated during the trial. Too many inconsistencies on both sides. Merely the fact that the police did not arrest GZ until 44 days after the incident that in and of itself showed the start of the doubt.
  6. Simply put the prosecution failed to meet it's legal burden of proving the crimes charged "beyond a reasonable doubt". The defense did it's job in putting such doubt in the minds of the jurors. There were so many inconsistencies between the testimony of all the witnesses and even some prosecution witnesses' testimony was favorable to the defense. How could the jury find otherwise? The constitution and the amendments ensure due process. This is what our country is supposed to be about. Or we could switch to a system where you are presumed guilty and you have to prove innocence like most third world countries....
  7. Deerthug

    Baby #3

    Congrats! Thank goodness you dont have a PSE! I don't think that would fly with the wife either.
  8. Have no clue. Boston soft shell lobsters in Boston.
  9. A Picture worth 1000 words.
  10. I found this video on Youtube earlier which had nothing to do with gun control, at least I didn't think so until I got to 1:52 into the video. Apparently Australians use "long stabby things" and "golf clubs" to defend themselves against home invasions . . . Skip to 1:52 in the video.
  11. Nice symmetrical rack
  12. Actually he was at boy scout camp in RI at Camp Yawgoog where he started working toward his rifle shooting merit badge. It was his first time holding a rifle let alone shoot one. I guess it comes natural to him. He just turned 12 yesterday.
  13. Yeah. LOL. I was wondering when someone would make that comment
  14. He did better than me when I first shot a .22.
  15. Shooting a .22 long at 50 feet using iron sights.
  16. Deerthug

    phade

    Happy Birthday! Enjoy!
  17. He is smaller than most 12 year olds. I think I'm going to start him with the 20 and go from there.
  18. Are we having a brain fart? Or perhaps a senior moment? Of course i'm just kidding. I've been where you are too!
  19. Thanks! A lot of good suggestions. I too was thinking a semi-auto in 20ga.
×
×
  • Create New...