Assault defined

[elaine2]

What is the name of your state (only U.S. law)? Nevada

My 15 year old son recently went to a party and is accused of throwing a bottle down a street at approaching police cars. The bottle did not hit the lead car and I'm told that the police were not required to take any sudden/evasive action.

He is being charged with assault on an officer - by a prosecutor who is known to often lay charges with fury/over-charge and then play a courtroom game of chipping away at things until everyone ends up with the charges which should have been laid to begin with.

So, I am wondering how this event equals assault? Or if this charge may be something that gets knocked down. The prosecutor has certainly gone with the long list of charges style he has over this incident.What is the name of your state (only U.S. law)?

 

[Antigone*]

What is the name of your state (only U.S. law)? Nevada

My 15 year old son recently went to a party and is accused of throwing a bottle down a street at approaching police cars. The bottle did not hit the lead car and I'm told that the police were not required to take any sudden/evasive action.

He is being charged with assault on an officer - by a prosecutor who is known to often lay charges with fury/over-charge and then play a courtroom game of chipping away at things until everyone ends up with the charges which should have been laid to begin with.

So, I am wondering how this event equals assault? Or if this charge may be something that gets knocked down. The prosecutor has certainly gone with the long list of charges style he has over this incident.What is the name of your state (only U.S. law)?

Throwing a bottle at the officer's vehicle is clearly assault. How much clearer do you need it to be?

I suggest you get your son an attorney.

 

[Silverplum]

What is the name of your state (only U.S. law)? Nevada

My 15 year old son recently went to a party and is accused of throwing a bottle down a street at approaching police cars. The bottle did not hit the lead car and I'm told that the police were not required to take any sudden/evasive action.

He is being charged with assault on an officer - by a prosecutor who is known to often lay charges with fury/over-charge and then play a courtroom game of chipping away at things until everyone ends up with the charges which should have been laid to begin with.

So, I am wondering how this event equals assault? Or if this charge may be something that gets knocked down. The prosecutor has certainly gone with the long list of charges style he has over this incident.What is the name of your state (only U.S. law)?

I do so hate to see parents trying to excuse the actions of their delinquent children.

Nonetheless, helpful info for you:

http://www.assaultandbattery.org/nevada/

http://law.onecle.com/nevada/crimes/200.471.html

 

[Just Blue]

What is the name of your state (only U.S. law)? Nevada

My 15 year old son recently went to a party and is accused of throwing a bottle down a street at approaching police cars. The bottle did not hit the lead car and I'm told that the police were not required to take any sudden/evasive action.

He is being charged with assault on an officer - by a prosecutor who is known to often lay charges with fury/over-charge and then play a courtroom game of chipping away at things until everyone ends up with the charges which should have been laid to begin with.

So, I am wondering how this event equals assault? Or if this charge may be something that gets knocked down. The prosecutor has certainly gone with the long list of charges style he has over this incident.What is the name of your state (only U.S. law)?

What did your son's attorney say when you asked this (these) question(s).

 

[elaine2]

Throwing a bottle at the officer's vehicle is clearly assault. How much clearer do you need it to be?

I suggest you get your son an attorney.

A legal definition was how much clearer I was hoping things would be.
Yes, there will be an attorney involved.

Silverplum, thank you for the links. The lack of physical contact required for assault is the point where I've been confused.

Though, please,

I do so hate to see parents trying to excuse the actions of their delinquent children.

He deserves to be punished - as the law states - for any stupid actions he has done. I was trying to remain factual here.

But I'd also like to point out that this is something my delinquent child has been accused of. Not convicted of.

 

[Silverplum]

Silverplum, thank you for the links.

You're welcome.

The lack of physical contact required for assault is the point where I've been confused.

The statutes show that there does not need to be physical contact.

They also show that assaulting, or attempting to assault, a police officer is much worse, legally, than assaulting a "civilian."

Though, please,

He deserves to be punished - as the law states - for any stupid actions he has done. I was trying to remain factual here.

But I'd also like to point out that this is something my delinquent child has been accused of. Not convicted of.

Okey-dokey.

 

[elaine2]

The statutes show that there does not need to be physical contact.

Yes, I see that now. I had just been associating assault with contact.

They also show that assaulting, or attempting to assault, a police officer is much worse, legally, than assaulting a "civilian."

Yes. Which makes me nervous. They also mention 'deadly weapon' - which I believe can have a rather loose definition. There has been no mention of that so far.

May I also ask - are "assembling to disturb peace or to commit unlawful act" and "unlawful assembly" not extremely similar things?

 

[CdwJava]

May I also ask - are "assembling to disturb peace or to commit unlawful act" and "unlawful assembly" not extremely similar things?

They are not inherently violent.

I have been on the receiving end of thrown rocks and bottles ... they can kill, maim and injure. It is not something that should be taken lightly no matter WHO is on the receiving end.

Why on EARTH was he throwing stuff at the police as they were arriving, ostensibly to either break something up or deal with some problem?

 

[elaine2]

They are not inherently violent.

I'm sorry, I meant in relation to each other - not in relation to the assault charge.

Why on EARTH was he throwing stuff at the police as they were arriving, ostensibly to either break something up or deal with some problem?

I don't know. And I don't know that he was, he hasn't confessed, I know that I don't know the whole story yet. In any case, he was there, it sounds like there was some sort of mob mentality kicking off. I don't know...

 

[elaine2]

It is not something that should be taken lightly no matter WHO is on the receiving end.

And, as it stands right now, 9 charges later, no, they're not taking it lightly.

And no, they shouldn't take it lightly.