Heckler subdued at George Allen event - Page 5

Stylerod · 11-02-2006, 10:50 AM

Originally Posted by Scrumtralecent

Pointing at someone is assault.

Are you kidding?

Scrum · 11-02-2006, 10:59 AM

Originally Posted by Stylerod

Are you kidding?

No.

7960 · 11-02-2006, 11:00 AM

Originally Posted by Scrumtralecent

No.

Stylerod · 11-02-2006, 11:00 AM

Originally Posted by Scrumtralecent

No.

really?

JaJae · 11-02-2006, 11:03 AM

Originally Posted by 7960

<insert obligatory "prove it" here>

Simply pointing your finger at someone is not. If that person fears for their safety and can convince a judge or jury that they were so afraid to the degree criminal charges need to be brought on the person, then yes. It's nearly impossible to get a conviction for pointing at someone.

Scrum · 11-02-2006, 11:04 AM

Originally Posted by Stylerod

really?

I don't think i'm being clear.

It's not going to stand up in court, at least I have never heard of that happening, but a cop could certainly run you in and charge you with assault. Same thing with poking someone with that same finger being battery. They can run you in for that, but i don't know how likely the charge is to stick.

Sorry, when I was saying "this is assault, thes is battery" I was speaking to what the cops can get you for, not what a criminal court would convict you on. A civil case may hold up on those crappy standards though.

Stylerod · 11-02-2006, 11:06 AM

Originally Posted by Scrumtralecent

I don't think i'm being clear.

It's not going to stand up in court, at least I have never heard of that happening, but a cop could certainly run you in and charge you with assault. Same thing with poking someone with that same finger being battery. They can run you in for that, but i don't know how likely the charge is to stick.

Sorry, when I was saying "this is assault, thes is battery" I was speaking to what the cops can get you for, not what a criminal court would convict you on. A civil case may hold up on those crappy standards though.

I guess if you were screaming that you were going to kill someone and point at them they might arrest you. But just point without saying anything?

Scrum · 11-02-2006, 11:13 AM

Originally Posted by Stylerod

But just point without saying anything?

Well, no. If you are pointing at a painting in an art gallery and someone walks in front of you, I don't see them calling the cops.

Thorgrim · 11-02-2006, 11:57 AM

did anyone actually find the VA statute on assault and battery?

im too busy, but stop trying to play legal expert here until one of you finds it

Thorgrim · 11-02-2006, 01:19 PM

since no one else stepped up:

Virginia Code §18.2-57 codifies the offense of simple assault and battery as a class 1 misdemeanor; however, this code section relies upon what is called the common law to define the elements of the offense. Common law is judge made law which has been around for centuries which we inherited in this country from our original ties with England. The common law definition of an assault and battery is an intentional harmful or offensive contact. To get even more specific, an assault under common law is separate from a battery. An assault is the apprehension of a harmful or offensive contact. Thus, even if you did not actually make contact with the individual, if you intended to make contact, you could be found guilty of assault. A battery is the actual harmful or offensive contact.
Virginia Criminal Law | Virginia Criminal Lawyers and Attorneys | Bose Law Firm

JaJae · 11-02-2006, 01:22 PM

Originally Posted by Thorgrim

since no one else stepped up:

Virginia Code §18.2-57 codifies the offense of simple assault and battery as a class 1 misdemeanor; however, this code section relies upon what is called the common law to define the elements of the offense. Common law is judge made law which has been around for centuries which we inherited in this country from our original ties with England. The common law definition of an assault and battery is an intentional harmful or offensive contact. To get even more specific, an assault under common law is separate from a battery. An assault is the apprehension of a harmful or offensive contact. Thus, even if you did not actually make contact with the individual, if you intended to make contact, you could be found guilty of assault. A battery is the actual harmful or offensive contact.
Virginia Criminal Law | Virginia Criminal Lawyers and Attorneys | Bose Law Firm

Assault and battery is essentially the same thing in every state. And Scrum was correct when saying VA doesn't he mentioned threatened violence. Posting the law just reaffirms what has been stated in this thread.

Thorgrim · 11-02-2006, 01:35 PM

Originally Posted by JaJae

Assault and battery is essentially the same thing in every state. And Scrum was correct when saying VA doesn't he mentioned threatened violence. Posting the law just reaffirms what has been stated in this thread.

there was a debate going on...it wasn't finalized...people were picking on Scrum

JaJae · 11-02-2006, 01:37 PM

Originally Posted by Thorgrim

there was a debate going on...it wasn't finalized...people were picking on Scrum

Well Scrum just said pointing at someone was assault without getting into specifics. I think he handled himself well and clarified his comments.

But you are correct, in some states threatened violence isn't assault. But in this case Scrum was right in his statements.

Thorgrim · 11-02-2006, 01:55 PM

Daily Kos: My side

Stylerod · 11-02-2006, 02:09 PM

Watching the long video.

Audio from Vid: *screams* "Is it true you spit on your first wife!!!!"

Him commenting: "I don't understand why he doesn't just answer the question."

What a fucking clown.

JaJae · 11-02-2006, 02:10 PM

Finall, I'll be on Tucker Carlson today. Tune in!

Attention whore.

Stylerod · 11-02-2006, 02:16 PM

He seems genuinely confused as to why Allen doesn't want to answer him when he screams "did you spit on your first wife." I mean, he really seems to think this is a REALLY important question and needs to be answered. I'm not sure he's all there.

7960 · 11-02-2006, 02:21 PM

Originally Posted by Stylerod

He seems genuinely confused as to why Allen doesn't want to answer him when he screams "did you spit on your first wife." I mean, he really seems to think this is a REALLY important question and needs to be answered. I'm not sure he's all there.

if this guy has harassed him before I'm surprised there isn't a restrainig order... or would that just provoke someone who's already mentally fragile anyway?

Thorgrim · 11-02-2006, 02:22 PM

Originally Posted by Stylerod

He seems genuinely confused as to why Allen doesn't want to answer him when he screams "did you spit on your first wife." I mean, he really seems to think this is a REALLY important question and needs to be answered. I'm not sure he's all there.

He's trying to fit in with the Allen supporters

He did the same thing when he went right up to the Senator a few weeks ago and said "did you ever use the N-word?" and it actually got reported on the news

He's been in this campaign a lot, as a one man operation, he just never got identified until now

Thorgrim · 11-02-2006, 02:24 PM

Originally Posted by 7960

if this guy has harassed him before I'm surprised there isn't a restrainig order... or would that just provoke someone who's already mentally fragile anyway?

How dare he spends his spare time trying to ask his Senator questions that bother him, an obvious sign of severe mental instability