4 ms·

Assault charges but not physical violence? What in the world? I'm so sorry you got that on your record. I would look at smaller startups that might make it e

Assault charges but not physical violence? What in the world? I'm so sorry you got that on your record. I would look at smaller startups that might make it easy to just escalate to the CEO if you have a good explanation, rather than having an HR department stop you right away. EDIT: I thought assault meant physical violence, but not harm while battery meant harm. I was wrong I guess?

jasonpeacock 3y ago
Given that urinating in public can result in sex offender charges in some locales, I'm not surprised that you can have non-violent assault charges.
- badrequest 3y ago
  This basically doesn't happen, mostly an urban legend.
  - jasonpeacock 3y ago
    Some quick googling says that while highly unlikely, it is technically possible...so we're both right? Apparently public urination can overlap with indecent exposure, depending on the situation, and the latter can result in a sex offender registry.
  - edgyquant 3y ago
    I know someone it happened to, so it does definitely happen
    - local_crmdgeon 3y ago
      Would recommend verifying their charges yourself, people tell you this so you don't go peeking around. It's often a cover for a significantly more serious act. Look on the registry yourself - you won't see anyone on there for peeing in public: https://www.nsopw.gov/ https://www.nsopw.gov/
- local_crmdgeon 3y ago
  This doesn't actually happen, it's only possible when there's a sexual component. You hear the concept a lot, because it's a cover - "I'm on the sex offenders list, but I was just peeing. Didn't realize it was a playground, whoops!" is different from the true "I raped a girl, and despite the incredibly high burden of proof in that charge I was convicted, and now I have to tell you about it because I moved next door."
  - thaumasiotes 3y ago
    > I raped a girl, and despite the incredibly high burden of proof in that charge I was convicted What burden of proof? This is a crime where you can be accused of having committed it several years in the past, with no supporting evidence of any kind, and convicted for no other reason than that you give someone a "rapist" vibe. https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4334 https://www.law.umich.edu/special/exoneration/Pages/casedeta...
ceejayoz 3y ago
> Assault charges but not physical violence? Physical violence is battery. https://www.law.cornell.edu/wex/assault_and_battery https://www.law.cornell.edu/wex/assault_and_battery "Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically harming someone."
- mgarfias 3y ago
  Not always. For example: oregon doesn't have battery, it is all assault. Just varies in degree (4th->1st).
- nsxwolf 3y ago
  Regardless, it's pretty brutal to have such poor legal representation that an act with no real physical attack couldn't be pled down to a misdemeanor.
  - whiddershins 3y ago
    Misdemeanor is still a criminal record.
    - nsxwolf 3y ago
      The impact is absolutely nothing like a felony conviction.
hiddencost 3y ago
Keep in mind that battery is the charge that encompasses physical violence; assault specifically does not.
deleted 3y ago
[deleted]
fr0sty 3y ago
> Assault charges but not physical violence? What in the world? "The legal definition of assault is an intentional act that gives another person reasonable fear that they'll be physically harmed or offensively touched. No physical contact or injury has to actually occur, but the accused person must have intentionally acted in a way to cause that fear." https://vindicatelaw.com/assault-vs-battery-are-they-the-same-or-different-crimes/ https://vindicatelaw.com/assault-vs-battery-are-they-the-sam...
- rpmisms 3y ago
  It's one of the most ridiculous charges. It's also remarkably easy to avoid: simply replace the "I'm gonna" part of a threat with "I hope someone". Example: "I'm gonna shoot you" is legally assault in my jurisdiction. "Someone should shoot you": not assault.
Ckirby 3y ago
[dead]
birdman3131 3y ago
https://news.ycombinator.com/item?id=38858468 https://news.ycombinator.com/item?id=38858468 They mention here some more info.

jasonpeacock 3y ago

Given that urinating in public can result in sex offender charges in some locales, I'm not surprised that you can have non-violent assault charges.

badrequest 3y ago
This basically doesn't happen, mostly an urban legend.
- jasonpeacock 3y ago
  Some quick googling says that while highly unlikely, it is technically possible...so we're both right? Apparently public urination can overlap with indecent exposure, depending on the situation, and the latter can result in a sex offender registry.
- edgyquant 3y ago
  I know someone it happened to, so it does definitely happen
  - local_crmdgeon 3y ago
    Would recommend verifying their charges yourself, people tell you this so you don't go peeking around. It's often a cover for a significantly more serious act. Look on the registry yourself - you won't see anyone on there for peeing in public: https://www.nsopw.gov/ https://www.nsopw.gov/
local_crmdgeon 3y ago
This doesn't actually happen, it's only possible when there's a sexual component. You hear the concept a lot, because it's a cover - "I'm on the sex offenders list, but I was just peeing. Didn't realize it was a playground, whoops!" is different from the true "I raped a girl, and despite the incredibly high burden of proof in that charge I was convicted, and now I have to tell you about it because I moved next door."
- thaumasiotes 3y ago
  > I raped a girl, and despite the incredibly high burden of proof in that charge I was convicted What burden of proof? This is a crime where you can be accused of having committed it several years in the past, with no supporting evidence of any kind, and convicted for no other reason than that you give someone a "rapist" vibe. https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4334 https://www.law.umich.edu/special/exoneration/Pages/casedeta...

ceejayoz 3y ago

> Assault charges but not physical violence? Physical violence is battery. https://www.law.cornell.edu/wex/assault_and_battery https://www.law.cornell.edu/wex/assault_and_battery "Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically harming someone."

mgarfias 3y ago
Not always. For example: oregon doesn't have battery, it is all assault. Just varies in degree (4th->1st).
nsxwolf 3y ago
Regardless, it's pretty brutal to have such poor legal representation that an act with no real physical attack couldn't be pled down to a misdemeanor.
- whiddershins 3y ago
  Misdemeanor is still a criminal record.
  - nsxwolf 3y ago
    The impact is absolutely nothing like a felony conviction.

hiddencost 3y ago

Keep in mind that battery is the charge that encompasses physical violence; assault specifically does not.

deleted 3y ago

[deleted]

fr0sty 3y ago

> Assault charges but not physical violence? What in the world? "The legal definition of assault is an intentional act that gives another person reasonable fear that they'll be physically harmed or offensively touched. No physical contact or injury has to actually occur, but the accused person must have intentionally acted in a way to cause that fear." https://vindicatelaw.com/assault-vs-battery-are-they-the-same-or-different-crimes/ https://vindicatelaw.com/assault-vs-battery-are-they-the-sam...

rpmisms 3y ago
It's one of the most ridiculous charges. It's also remarkably easy to avoid: simply replace the "I'm gonna" part of a threat with "I hope someone". Example: "I'm gonna shoot you" is legally assault in my jurisdiction. "Someone should shoot you": not assault.

Ckirby 3y ago

[dead]

birdman3131 3y ago

https://news.ycombinator.com/item?id=38858468 https://news.ycombinator.com/item?id=38858468 They mention here some more info.