Comments on: When is an assault not an assault? http://apublicdefender.com/2009/03/10/when-is-an-assault-not-an-assault/ Wed, 25 Apr 2012 01:43:58 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Jennifer http://apublicdefender.com/2009/03/10/when-is-an-assault-not-an-assault/comment-page-1/#comment-96647 Jennifer Sat, 23 Apr 2011 04:45:58 +0000 http://apublicdefender.com/?p=2219#comment-96647 Strangulation is worse than assault. Yes, there are injuires, although not always visible and rarely treated as a result. Strangulation is the most lethal forms of domestic assault. I survived multiple manual strangulations resulting in unconsciousness. Nine months later I have been diagnosed with prominent permanent injuries from those strangulations. Anything can be a weapon, including one's hands, forearms, etc. when they are used in any way to harm another person. If spitting is considered assault which causes no serious injury, I cannot for the life of me understand how you could possibly argue that manual strangulation by means of a forearm chokehold, or the abusers hands, which can cause brain damage, immediate death or post-strangulation death is not an assault. Rather I would suggest that strangulation should be classied as attempted homicide, since it often results in death of the victim. Your clients, the abusers who have strangled their intimate partners with their hands or forearms are guilty of assault causing serious bodily injury, not to mention the long-term emotional trauma they leave their victims which disrupts their lives significantly in all areas for many years later. I would have rather he had punched me in the eye....the fight to breathe is the scariest experience I have ever experienced, it is a fight for your very life. Without air, one cannot live. There is no doubt or question in my mind or any sane person's mind that despite the mechanisms used to disrupt another's ability to breathe, to have air, oxygen to the brain, that it clearly constitutes the most lethal forms of assault. Your argument is ridiculous, base-less, and cowardly. Strangulation is worse than assault. Yes, there are injuires, although not always visible and rarely treated as a result. Strangulation is the most lethal forms of domestic assault. I survived multiple manual strangulations resulting in unconsciousness. Nine months later I have been diagnosed with prominent permanent injuries from those strangulations. Anything can be a weapon, including one’s hands, forearms, etc. when they are used in any way to harm another person. If spitting is considered assault which causes no serious injury, I cannot for the life of me understand how you could possibly argue that manual strangulation by means of a forearm chokehold, or the abusers hands, which can cause brain damage, immediate death or post-strangulation death is not an assault. Rather I would suggest that strangulation should be classied as attempted homicide, since it often results in death of the victim. Your clients, the abusers who have strangled their intimate partners with their hands or forearms are guilty of assault causing serious bodily injury, not to mention the long-term emotional trauma they leave their victims which disrupts their lives significantly in all areas for many years later. I would have rather he had punched me in the eye….the fight to breathe is the scariest experience I have ever experienced, it is a fight for your very life. Without air, one cannot live. There is no doubt or question in my mind or any sane person’s mind that despite the mechanisms used to disrupt another’s ability to breathe, to have air, oxygen to the brain, that it clearly constitutes the most lethal forms of assault. Your argument is ridiculous, base-less, and cowardly.

]]> By: alex http://apublicdefender.com/2009/03/10/when-is-an-assault-not-an-assault/comment-page-1/#comment-53931 alex Sun, 07 Feb 2010 06:26:18 +0000 http://apublicdefender.com/?p=2219#comment-53931 as a victim of this offense myself, I do not understand either. does that mean that my offender will not be serving jail time? and if so then what was the point of having him arrested if all they can do is a slap on the wrist and a restraining order that never gets taken seriously to begin with? I believe that a strangulation offense should be taken extremely serious considering that anyone who puts their hands around your neck and cuts off your oxygen supply has the intent to kill. Y ou dont choke someone ( especially not with a weapon, whether it be their clothes or rope or what have you) unless your intentions are to make that person stop breathing...which in a sense is intent to kill. It's the same theory as armed robbery... you do not try to rob someone with a gun unless you intend on using it. Granted a gun is more serious, but one needs to question that theory also... Is a gun more serious than a strangulation? A strangulation is much more personal. Anyone can shoot a gun, however it takes someone wanting to watch you lose your breath to commit strangulation.On top of which, no one can hear when it is happening. At least with a gun you hear it. as a victim of this offense myself, I do not understand either. does that mean that my offender will not be serving jail time? and if so then what was the point of having him arrested if all they can do is a slap on the wrist and a restraining order that never gets taken seriously to begin with? I believe that a strangulation offense should be taken extremely serious considering that anyone who puts their hands around your neck and cuts off your oxygen supply has the intent to kill. Y ou dont choke someone ( especially not with a weapon, whether it be their clothes or rope or what have you) unless your intentions are to make that person stop breathing…which in a sense is intent to kill. It’s the same theory as armed robbery… you do not try to rob someone with a gun unless you intend on using it. Granted a gun is more serious, but one needs to question that theory also… Is a gun more serious than a strangulation? A strangulation is much more personal. Anyone can shoot a gun, however it takes someone wanting to watch you lose your breath to commit strangulation.On top of which, no one can hear when it is happening. At least with a gun you hear it.

]]> By: Miranda http://apublicdefender.com/2009/03/10/when-is-an-assault-not-an-assault/comment-page-1/#comment-46407 Miranda Fri, 13 Mar 2009 13:03:04 +0000 http://apublicdefender.com/?p=2219#comment-46407 Great post and great point, Gideon! I have two thoughts about the dangerous instrument issue. 1. Despite the case law, I think there is an argument to be made that the statutory scheme establishes that the legislature did NOT intend for hands to qualify as a dangerous instrument. 2. Sounds like a good vagueness as applied challenge. As for subsection (b), I think it's pretty clear that the legislature did intend for the charges to merge. Defendant can be prosecuted for multiple charges, but the legislature is making clear that it does NOT intend for a defendant to be convicted of or punished for both. It's a great subsection because without it, Blockburger would have enabled prosecutors to get convictions for both, which is ridiculous! Great post and great point, Gideon! I have two thoughts about the dangerous instrument issue.

1. Despite the case law, I think there is an argument to be made that the statutory scheme establishes that the legislature did NOT intend for hands to qualify as a dangerous instrument.

2. Sounds like a good vagueness as applied challenge.

As for subsection (b), I think it’s pretty clear that the legislature did intend for the charges to merge. Defendant can be prosecuted for multiple charges, but the legislature is making clear that it does NOT intend for a defendant to be convicted of or punished for both. It’s a great subsection because without it, Blockburger would have enabled prosecutors to get convictions for both, which is ridiculous!

]]> By: Gideon http://apublicdefender.com/2009/03/10/when-is-an-assault-not-an-assault/comment-page-1/#comment-46398 Gideon Thu, 12 Mar 2009 13:19:57 +0000 http://apublicdefender.com/?p=2219#comment-46398 Ha. Ha. Ha. Ha.

]]> By: Joel Rosenberg http://apublicdefender.com/2009/03/10/when-is-an-assault-not-an-assault/comment-page-1/#comment-46397 Joel Rosenberg Thu, 12 Mar 2009 12:14:32 +0000 http://apublicdefender.com/?p=2219#comment-46397 This post has me all choked up. This post has me all choked up.

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