Montrovant
Fuzzy bears!
- May 4, 2009
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The man may not have been badly hurt, but that doesn't mean this wasn't assault with a deadly weapon. If she had had a gun, and shot him in the foot, causing little damage but stopping him, the charge would still be assault with a deadly weapon. The charge is based on the kind of weapon used, not the results, so far as I understand it. Hitting someone with a car is certainly something capable of causing death, so that would likely qualify as assault with a deadly weapon.
I post this because I've gotten the impression from a few posters that they believe because the man did not die, it should not be assault with a deadly weapon.
Okay, then let me ask a question when it comes to law.
A father looks out the front window to check on his 10 year old daughter. He sees a strange man with his hands down her pants. He busts out of the front door and the man runs away, and he rightfully chases him down. Once confronted, the father picks up a large fallen tree branch and beats him to the point he can no longer escape. Should the father be charged and face jail?
There are details missing, but possibly yes to charges. Jail time would depend on more details, such as what the man was doing when the father started beating him (had he stopped, or was he running?), how long and badly the father beat him, whether the man was actually doing anything to the daughter, etc.
If the man really did have his hands down the daughter's pants, and the father beat him up some but didn't do any permanent damage, you let it go. If the man stopped to surrender and the father beat him so badly he broke both of his legs and ruptured his spleen, the father continuing to beat him after he was unconscious, then the father gets charged. There is definitely a grey area in there that can be hard to decide on.