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[parent] [thread] 16 comments
1. VirusN+(OP)[view] [source] 2024-01-03 19:05:46
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?

replies(5): >>jasonp+K >>ceejay+N >>hidden+Q >>fr0sty+01 >>birdma+Cz
2. jasonp+K[view] [source] 2024-01-03 19:08:51
>>VirusN+(OP)
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.
replies(2): >>badreq+w2 >>local_+X8
3. ceejay+N[view] [source] 2024-01-03 19:08:58
>>VirusN+(OP)
> Assault charges but not physical violence?

Physical violence is 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."

replies(2): >>mgarfi+A4 >>nsxwol+Oe
4. hidden+Q[view] [source] 2024-01-03 19:09:08
>>VirusN+(OP)
Keep in mind that battery is the charge that encompasses physical violence; assault specifically does not.
5. fr0sty+01[view] [source] 2024-01-03 19:09:39
>>VirusN+(OP)
> 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-sam...

replies(1): >>rpmism+YY
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6. badreq+w2[view] [source] [discussion] 2024-01-03 19:16:17
>>jasonp+K
This basically doesn't happen, mostly an urban legend.
replies(2): >>jasonp+g3 >>edgyqu+48
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7. jasonp+g3[view] [source] [discussion] 2024-01-03 19:20:14
>>badreq+w2
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.

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8. mgarfi+A4[view] [source] [discussion] 2024-01-03 19:26:09
>>ceejay+N
Not always. For example: oregon doesn't have battery, it is all assault. Just varies in degree (4th->1st).
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9. edgyqu+48[view] [source] [discussion] 2024-01-03 19:43:13
>>badreq+w2
I know someone it happened to, so it does definitely happen
replies(1): >>local_+o9
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10. local_+X8[view] [source] [discussion] 2024-01-03 19:47:09
>>jasonp+K
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."

replies(1): >>thauma+Sz
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11. local_+o9[view] [source] [discussion] 2024-01-03 19:48:32
>>edgyqu+48
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/

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12. nsxwol+Oe[view] [source] [discussion] 2024-01-03 20:15:13
>>ceejay+N
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.
replies(1): >>whidde+cC
13. birdma+Cz[view] [source] 2024-01-03 22:03:41
>>VirusN+(OP)
>>38858468 They mention here some more info.
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14. thauma+Sz[view] [source] [discussion] 2024-01-03 22:04:59
>>local_+X8
> 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/casedeta...

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15. whidde+cC[view] [source] [discussion] 2024-01-03 22:21:15
>>nsxwol+Oe
Misdemeanor is still a criminal record.
replies(1): >>nsxwol+oO
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16. nsxwol+oO[view] [source] [discussion] 2024-01-03 23:56:00
>>whidde+cC
The impact is absolutely nothing like a felony conviction.
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17. rpmism+YY[view] [source] [discussion] 2024-01-04 01:36:40
>>fr0sty+01
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.

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