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Author Topic: Assault charge  (Read 5022 times)

*MAFIA* ßlåkjáx

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Assault charge
« on: May 09, 2008, 09:12:01 PM »

Does anyone know what happens from a 2nd degree assault charge?  My two best friends just got arrested for it for fighting and beating some kids senseless.  Is it a misdemeanor or felony?
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*MAFIA* OUTLAW

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Re: Assault charge
« Reply #1 on: May 09, 2008, 09:46:55 PM »

2nd degree is bad! Your friends must of beat the kids with some sort of weapon to get it. It is a felony that adds up to 7 to 10 years in prison with a fine of about $14,000.
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*MAFIA* ßlåkjáx

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Re: Assault charge
« Reply #2 on: May 09, 2008, 10:44:31 PM »

2nd degree is bad! Your friends must of beat the kids with some sort of weapon to get it. It is a felony that adds up to 7 to 10 years in prison with a fine of about $14,000.
No way. Are you fucking serious? He only used his fist, and when the kid was on all fours he kicked him in the face. Could that be a second degree? I was telling Jon he should get a lawyer and say he punched him, not kicked him.
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Lightning

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Re: Assault charge
« Reply #3 on: May 09, 2008, 11:31:52 PM »

2nd degree is bad! Your friends must of beat the kids with some sort of weapon to get it. It is a felony that adds up to 7 to 10 years in prison with a fine of about $14,000.

I really don't think you have any idea what you are talking about so don't comment on things you don't know about.  I'm sure the laws in Colorado are not the same as in your state.  (Wisconsin)  Go eat some more cheese.

Any way Blackjax, it looks like a class 6 Felony per Title 18.  Here is a chart of penalties that I found for Colorado.

Felony
   

Minimum Sentence                            Maximum Sentence

Class 1 
Life imprisonment                              Death

Class 2
8 years / 5,000 dollar fine                  24 years / 1,000,000 dollar fine

Class 3
4 years / 3,000 dollar fine                  12 years / 750,000 dollar fine

Class 4
2 years / 2,000 dollar fine                  6 years / 500,000 dollar fine

Class 5
1 year / 1,000 dollar fine                   3 years / 100,000 dollar fine

Class 6
1 year / 1, 000 dollar fine                  18 months / 100,000 dollar fine


 
   
Misdemeanor
   
Class 1
6 months / 500 dollar fine or both       18 months / 5,000 dollar fine or both

Class 2
3 months / 250 dollar fine or both        1 year / 1,000 dollar fine or both

Class 3
Fifty dollar fine

If Colorado is anything like Cali, the class 6 Felony will be dropped to a Class 1 or 2 Misdemeanor.  Your friends will likely end up with some community service and retribution fines.  Along with probation.  Every state is different and I didn't put a lot of time into researching this, but from what you said in your post, it sounds about right.  Unless they are juveniles, then noting above applies!
« Last Edit: May 09, 2008, 11:34:50 PM by *MAFIA* Lightning »
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*MAFIA* ßlåkjáx

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Re: Assault charge
« Reply #4 on: May 10, 2008, 01:10:00 AM »

I really don't think you have any idea what you are talking about so don't comment on things you don't know about.  I'm sure the laws in Colorado are not the same as in your state.  (Wisconsin)  Go eat some more cheese.

Any way Blackjax, it looks like a class 6 Felony per Title 18.  Here is a chart of penalties that I found for Colorado.

Felony
   

Minimum Sentence                            Maximum Sentence

Class 1 
Life imprisonment                              Death

Class 2
8 years / 5,000 dollar fine                  24 years / 1,000,000 dollar fine

Class 3
4 years / 3,000 dollar fine                  12 years / 750,000 dollar fine

Class 4
2 years / 2,000 dollar fine                  6 years / 500,000 dollar fine

Class 5
1 year / 1,000 dollar fine                   3 years / 100,000 dollar fine

Class 6
1 year / 1, 000 dollar fine                  18 months / 100,000 dollar fine


 
   
Misdemeanor
   
Class 1
6 months / 500 dollar fine or both       18 months / 5,000 dollar fine or both

Class 2
3 months / 250 dollar fine or both        1 year / 1,000 dollar fine or both

Class 3
Fifty dollar fine

If Colorado is anything like Cali, the class 6 Felony will be dropped to a Class 1 or 2 Misdemeanor.  Your friends will likely end up with some community service and retribution fines.  Along with probation.  Every state is different and I didn't put a lot of time into researching this, but from what you said in your post, it sounds about right.  Unless they are juveniles, then noting above applies!
No they are both 19.  Shit man, I hope nothing terrible happens. Shit I am supposed to live with them next year.  Does anyone know if this type of thing could get you kicked out of a University?
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*MAFIA* Balthazar

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Re: Assault charge
« Reply #5 on: May 10, 2008, 01:31:53 AM »

Depends if it is a public or a private. Consult your institutions code of conduct.
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*MAFIA* Hellraiser

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Re: Assault charge
« Reply #6 on: May 10, 2008, 03:59:43 AM »

One thing you didn't put in, was the kid another race or gay?  Then they could get charged with a hate crime.  I had a buddy of mine who that had happen too.  LOL, fucking idiot.  I also had a cousin who got what I believe was 2nd degree assult charges and he spent 6 months in jail.
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*MAFIA* Dune Surfer

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Re: Assault charge
« Reply #7 on: May 10, 2008, 05:11:59 AM »

Its gonna come down to did they do any permanent damage? Each case has its own individual place when it goes to court, you can't catagorise it. A friend of mine got 6 months for ABH(Actual Boddily Harm) but it didn't effect his work or study prospects. Over here, the only time you have to provide a disclosure of your criminal record is if your applying to work in the public arena, a school for example. It shouldn't effect their applications for university.
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Re: Assault charge
« Reply #8 on: May 10, 2008, 05:52:22 AM »

It shouldn't effect their applications for university.

Not sure on that one... With all the law changes that are happening because of "all" the school shootings, it could be possible anyone with a felony conviction could have a problem getting into a higher education school... For sure they will never see any of the top 10 U.S. University as in,  Princeton, Harvard, Yale and so on.
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*MAFIA* ßlåkjáx

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Re: Assault charge
« Reply #9 on: May 10, 2008, 10:55:33 AM »

Not sure on that one... With all the law changes that are happening because of "all" the school shootings, it could be possible anyone with a felony conviction could have a problem getting into a higher education school... For sure they will never see any of the top 10 U.S. University as in,  Princeton, Harvard, Yale and so on.
Well he is already enrolled at CSU and planning on staying there.  I am just praying to God they don't kick him out.  Does anyone know if a foot could be "used" as a deadly weapon? Also I am pretty sure he broke his nose.
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*MAFIA* Hellraiser

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Re: Assault charge
« Reply #10 on: May 10, 2008, 11:13:37 AM »

Well he is already enrolled at CSU and planning on staying there.  I am just praying to God they don't kick him out.  Does anyone know if a foot could be "used" as a deadly weapon? Also I am pretty sure he broke his nose.
Did the guy have boots on and if so were they steal toed?  Also, I am not to sure, but they will also look at the intent.  What I mean by is, was the guy on the ground going for a weapon or where they just beating on him while he was down.  If he was down on the ground and the guy who kicked him saw him going for some type of weapon then it could be self defense.  I think your friends are pretty much screwed though.  Hey, you said they were going to be your roommates next year, keep up with the way you get arrested and you guys could be cell mates.
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*MAFIA* Bonehead

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Re: Assault charge
« Reply #11 on: May 10, 2008, 11:33:06 AM »

a fist can be a deadly weapon, unless in self defense, you do not have the right to touch anyone else.
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*MAFIA* ßlåkjáx

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Re: Assault charge
« Reply #12 on: May 10, 2008, 11:44:37 AM »

a fist can be a deadly weapon, unless in self defense, you do not have the right to touch anyone else.
Well my buddy Kyle who didn't kick the kid got a really good lawyer, and the one who did, Jon, his parents are so naive that they wont even get a good lawyer.  This kid who started the fight was calling my buddy a chinq.  Kyle told me that his lawyer said this could totally be turned around into a hate crime.  I mean my buddy Jon is short and Asian.  He looks fucking harmless, I think when they get him into court they are gonna turn the whole thing around.  I am sure he will just get a misdemeanor and have to pay for the kids medical bills.  Kyle told me that the kid who got kicked cheekbone was broken from it.  I feel so bad for the kid man, he has to stay in jail till Monday.  He is gonna miss his two finals and everything.  This is so fucking gay. 
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*MAFIA* Hellraiser

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Re: Assault charge
« Reply #13 on: May 10, 2008, 11:58:57 AM »

a fist can be a deadly weapon, unless in self defense, you do not have the right to touch anyone else.
You are right.  Ask Chuck Norris.  He has his hands registered in 49 of the states.  He doesn't register them in Alaska because, why the fuck would anyone want to go to fucking Alaska, besides for hunting and fishing.  Chuck Norris does neither.  Animals are so scared of him, that they drop dead at the site of him. 

Oh and the whole "you don't have the right to touch anyone else", is that what the judge told you after Maggot pressed charges on you for touching him in his no no special spot??? 
« Last Edit: May 10, 2008, 12:00:45 PM by *MAFIA* Hellraiser »
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*MAFIA* MAGGOT

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Re: Assault charge
« Reply #14 on: May 10, 2008, 12:34:25 PM »

He also had to pay for my therapy.
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