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mcmurtry86
Joined: 02 Mar 2010
Posts: 16192
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 Posted: Wed Feb 20, 2013 7:08 pm Post subject: |
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| TomRalph wrote: | | Assault is the single most ridiculous charge that gets made. Assault starts at the very bottom with touching. |
No, you don't need to touch anyone to be guilty of assault
| Quote: | | If I accidently touch someone getting off the train, that is, according to the law, assault. |
No, it's not. In order for it to be assault, the victim needs to fear violence or feel threatened. That's unlikely in most "accidental bumping" type scenarios. |
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mcmurtry86
Joined: 02 Mar 2010
Posts: 16192
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| Posted: Wed Feb 20, 2013 7:12 pm Post subject: |
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| Billy Spikes wrote: | | redsoxsrule1437 wrote: | | Quote: | | Prosecutors said after the verdict was read that they were not recommending a sentence, but that typical sentences for a crime like this would range from probation to 180 days in jail. The sentencing hearing is set for April 11. |
From an article Reiss just posted on twitter. |
Well, that's not too bad. |
It's not the end of the world, but say his sentence starts in April, you're talking roughly mid-late October (180 days). At that point he probably isn't going to be in game shape - I know guys in jail work out and such but it's different than being in football condition. I would think that a 180 day sentence would really kill Dennard's value to the team in 2013. He might be able to be a nice addition down the stretch into the playoffs, but I wouldn't count on him for all that much during the regular season if he got 180 days. |
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24isthelaw
Joined: 15 Nov 2010
Posts: 5181
Location: Where the Patriots are
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| Posted: Wed Feb 20, 2013 7:21 pm Post subject: |
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| mcmurtry86 wrote: | | TomRalph wrote: | | Assault is the single most ridiculous charge that gets made. Assault starts at the very bottom with touching. |
No, you don't need to touch anyone to be guilty of assault
| Quote: | | If I accidently touch someone getting off the train, that is, according to the law, assault. |
No, it's not. In order for it to be assault, the victim needs to fear violence or feel threatened. That's unlikely in most "accidental bumping" type scenarios. |
TomRalph, you're confusing 'assault' with 'battery.'
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mcmurtry86
Joined: 02 Mar 2010
Posts: 16192
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| Posted: Wed Feb 20, 2013 7:28 pm Post subject: |
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| 24isthelaw wrote: | | mcmurtry86 wrote: | | TomRalph wrote: | | Assault is the single most ridiculous charge that gets made. Assault starts at the very bottom with touching. |
No, you don't need to touch anyone to be guilty of assault
| Quote: | | If I accidently touch someone getting off the train, that is, according to the law, assault. |
No, it's not. In order for it to be assault, the victim needs to fear violence or feel threatened. That's unlikely in most "accidental bumping" type scenarios. |
TomRalph, you're confusing 'assault' with 'battery.' |
Even then, battery necessitates a conscious choice and intent to harm. Sure, a weasel lawyer can try to create those types of things out of an accidental touching, but it's very unlikely to get prosecuted. |
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Tzimisce
Joined: 13 Oct 2005
Posts: 40622
Location: Slowly coming to terms with the inevitable
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| Posted: Wed Feb 20, 2013 8:33 pm Post subject: |
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| mcmurtry86 wrote: | | Billy Spikes wrote: | | redsoxsrule1437 wrote: | | Quote: | | Prosecutors said after the verdict was read that they were not recommending a sentence, but that typical sentences for a crime like this would range from probation to 180 days in jail. The sentencing hearing is set for April 11. |
From an article Reiss just posted on twitter. |
Well, that's not too bad. |
It's not the end of the world, but say his sentence starts in April, you're talking roughly mid-late October (180 days). At that point he probably isn't going to be in game shape - I know guys in jail work out and such but it's different than being in football condition. I would think that a 180 day sentence would really kill Dennard's value to the team in 2013. He might be able to be a nice addition down the stretch into the playoffs, but I wouldn't count on him for all that much during the regular season if he got 180 days. |
Can't he ask to serve his term out during the offseason?
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mcmurtry86
Joined: 02 Mar 2010
Posts: 16192
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| Posted: Wed Feb 20, 2013 8:43 pm Post subject: |
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| Tzimisce wrote: | | mcmurtry86 wrote: | | Billy Spikes wrote: | | redsoxsrule1437 wrote: | | Quote: | | Prosecutors said after the verdict was read that they were not recommending a sentence, but that typical sentences for a crime like this would range from probation to 180 days in jail. The sentencing hearing is set for April 11. |
From an article Reiss just posted on twitter. |
Well, that's not too bad. |
It's not the end of the world, but say his sentence starts in April, you're talking roughly mid-late October (180 days). At that point he probably isn't going to be in game shape - I know guys in jail work out and such but it's different than being in football condition. I would think that a 180 day sentence would really kill Dennard's value to the team in 2013. He might be able to be a nice addition down the stretch into the playoffs, but I wouldn't count on him for all that much during the regular season if he got 180 days. |
Can't he ask to serve his term out during the offseason? |
I guess it's possible, but if a judge is going to allow him to defer his sentence by a whole year (presumably to February through August of 2014), I don't see why that same judge wouldn't just do a shorter sentence + probation/community service/counseling/etc.
In other words, a judge is going to be swayed by the "he has a lot to lose" type argument is probably going to sentence Dennard in a manner which minimizes the jail time in the first place. Though, maybe he/she would view 180 days as a minimal amount of time compared to the 6 years Dennard is potentially facing. |
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NextBigThing
Joined: 26 Oct 2009
Posts: 15886
Location: Tuck Rule FTW
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| Posted: Wed Feb 20, 2013 9:24 pm Post subject: |
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Given first time offender + uniqueness of situation, it is highly possible he doesn't get jail time.
Again, jail time is not required for the sentence, likely because unique incidents such as this case exist where jail time is not truly warranted.
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| NFLfan511 wrote: | | NBT, I made an account here just because of you. |
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mcmurtry86
Joined: 02 Mar 2010
Posts: 16192
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| Posted: Wed Feb 20, 2013 9:35 pm Post subject: |
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| NextBigThing wrote: | Given first time offender + uniqueness of situation, it is highly possible he doesn't get jail time.
Again, jail time is not required for the sentence, likely because unique incidents such as this case exist where jail time is not truly warranted. |
My guess would be that his lawyers and the prosecution end up coming to an agreement which recommends a short jail sentence (60-120 days) followed by extensive probation.
Had he not plead not-guilty, I'd think he'd have a better chance of no jail.
I doubt he'll do serious time, but I'd be mildly surprised if he didn't at least get a month. |
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NextBigThing
Joined: 26 Oct 2009
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Location: Tuck Rule FTW
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| Posted: Wed Feb 20, 2013 9:38 pm Post subject: |
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Certainly sounds like the lawyers failed him by not convincing him to sign a plea bargain...
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| NFLfan511 wrote: | | NBT, I made an account here just because of you. |
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mcmurtry86
Joined: 02 Mar 2010
Posts: 16192
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| Posted: Wed Feb 20, 2013 9:43 pm Post subject: |
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| NextBigThing wrote: | | Certainly sounds like the lawyers failed him by not convincing him to sign a plea bargain... |
I think the lawyers and Dennard himself were genuinely convinced the prosecution's case wouldn't hold up. |
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Sciz
Joined: 19 Jan 2009
Posts: 12833
Location: Iowa
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| Posted: Wed Feb 20, 2013 9:45 pm Post subject: |
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| mcmurtry86 wrote: | | I think the lawyers and Dennard himself were genuinely convinced the prosecution's case wouldn't hold up. |
Based on what has been known about the case, I can't say I blame them.
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Pats#1
Joined: 19 Aug 2011
Posts: 1880
Location: Plymouth, MA
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| Posted: Thu Feb 21, 2013 1:42 pm Post subject: |
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If the judicial system decides Mayweather can post pone and then shorten his jail sentence after beating on his children's mother in front of them so he won't lose money and because he is a star....then I will be pissed if they don't treat this case the same way for Dennard being in a bar fight and then smacking cuffs away when he was drunk.
There's been faaaarrrr too many cases of NFL players getting away with much worse things than this.
I'm not condoning what Dennard did, he was an idiot and deserves to be punished, but like everything else, the judicial system needs to be consistent, which they are unfortunately not. |
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Billy Spikes
Joined: 12 Jul 2008
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Deadpulse
Joined: 16 Oct 2008
Posts: 5914
Location: Boston MA
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| Posted: Mon Apr 08, 2013 7:38 pm Post subject: |
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I hear the 90-180 day sentence is the most likely. If he starts his time immediately he will be free Oct 10th at the latest...
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mcmurtry86
Joined: 02 Mar 2010
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| Posted: Mon Apr 08, 2013 7:40 pm Post subject: |
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| Deadpulse wrote: |
I hear the 90-180 day sentence is the most likely. If he starts his time immediately he will be free Oct 10th at the latest... |
Free on Oct 10th probably means he won't be up to speed until early November. That's 6-8 games with Kyle Arrington outside  |
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