Jul 28, 2005 22:46
Erin. Please grow up. What people post on their private journals is their business, not yours. If people choose to dislike you, you really ought not to care. Why do you care what people you hate say? Not everyone is going to like you. It's a fact of life, one I've learned to accept. You don't like me, but I don't care. Why? Because it's your choice to do so. I know you've said malicious things about me in the past. Do I care? Nope. Call me a whore, call me a bitch, call me whatever you want. I don't care because I KNOW I'm not. It's childish and pointless to get pissy because someone doesn't like you and puts things in their private journal. IT WAS A LOCKED POST. You know, Friends-only? A lot of Keenan's friends don't like you, for whatever reason, and again, that's their choice. Besides, you're getting pissy over a joke picture? To the point that your boyfriend is HARRASSING Keenan? I mean, you do know that Keenan can actually report Mike to the police right? Just like I could have when Mike threatened me. Keenan doesn't have to call and apologise for what he put on his private journal. And if Mike so much as touches him when Keenan doesn't want to be touched, it's considered battery which is a FELONY. Seeing as Mike has threatened to seriously injure Keenan at AFO, that brings us to Aggrivated Battery. Even worse. The threat itsself is punishable by 12 months in jail and a $1000 fine. At this point in time due to lines such as 'God Eneru: unlike the rest of your little faggot ass cosplay buddies i dont mind knocking your stupid ass out' and 'God Eneru: i would just think before you say more shit about me or my girlfriend, because i have no problems kicking your ass' and also 'God Eneru: guess there is a new person i want to kill
H0rr0r Guy 69: Whos zat!?
God Eneru: you', I would suggest Keenan calls the cops on you guys now. Those lines alone (and we're leaving out the one about 'God Eneru: and i was inches from kicking in pellegrino's door that night') could get his ass tossed in JAIL. We have more than 2 threats of bodily injury, and also several of death. Hmm.....lets think about this for a moment.
Assault/Battery
In most states, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or "aggravated" assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. Historically, laws treated the threat of physical injury as "assault", and the completed act of physical contact or offensive touching as "battery," but many states no longer differentiate between the two.
Simple Assault - O.C.G.A. 16-5-20
There are two types of simple assault.
1.
Attempted battery (or attempt to commit violent injury) requires the state to prove that the defendant intended to commit a violent injury. Additionally, the State must show that the defendant's actions were a "substantial step" toward the commission of a battery. Whether or not the act is a substantial step is a question of fact.
2.
The second type of simple assault occurs when one person places another in reasonable apprehension of immediate bodily injury. A mere threat of harm is not enough to prove assault. The Defendant must be able to carry out the threat. For example, a midget probably could not place Mike Tyson in fear of imminent bodily harm. The victim must reasonably believe that he is in danger of receiving immediate bodily injury.
The maximum penalty is generally 12 months in jail and $1000 fine.
Aggravated Assault - O.C.G.A. 16-5-21
Aggravated assault is a felony that can be committed one of three ways as an assault takes place : first, if the State can show the intent to murder, rape or rob; second if a deadly weapon is used (includes any instrument which, when used against a person is likely to or actually does result in serious bodily injury); or third by firing a gun from a car toward people.
Punishment - Felony: 1 to 20 years in prison.
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Simple Battery - O.C.G.A. 16-5-23
Occurs when the defendant intentionally makes physical contact of an insulting or provoking nature or intentionally causes physical harm. This is the most common of the crimes charged in family violence battery. I have seen this crime charged when one spouse threw a phone at the other spouse and it grazed her wrist. EVEN IF ONE SPOUSE WISHES TO DROP THE CHARGES AGAINST THE OTHER, MOST PROSECUTORS WILL NOT DO IT. A lawyer is going to be needed in these types of cases. I have handled numerous cases where I was able to have the charges dismissed in exchange for one spouse to undergo counseling. A court will take these charges very seriously.
Maximum penalty is 12 months in jail and a $1000 fine
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Battery - O.C.G.A. 16-5-23.1
Occurs when one intentionally causes substantial physical harm or intentionally causes visible bodily harm to another. The State needs to show some proof that an injury even a relatively minor one took place. The penalty is a misdemeanor unless:
1. Second conviction for battery against the same victim. In such cases, the offense is a high and aggravated misdemeanor with 10 days to 12 months in prison, or $1,000.00 fine, or both.
2. Third conviction for battery against the same victim is a felony. This carries punishment of 1 to 5 years in prison.
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Aggravated Battery - O.C.G.A. 16-5-24
Aggravated battery is a felony that occurs when a person maliciously (intentionally) does one of three things to another person: (1) causes bodily harm by depriving victim of the use of his/her body; (2) renders a part of the victim's body useless; or (3) seriously disfigures the victim. Penalty is 1 to 20 years in prison unless :
1. Aggravated battery is knowingly committed upon a peace officer engaged in official duties, in which case the punishment is 10 to 20 years.
2. Aggravated battery is committed against a person over 65, in which case the punishment is 5 to 20 years in prison.
3. Aggravated battery is knowingly committed on a correctional officer engaged in official duties. These offenses carry 10 to 20 years.
4. Aggravated battery committed in a public transit vehicle or station. A jail term of 5 to 20 years is required.
5. Aggravated battery committed upon a student or teacher in a school safety zone. Such cases require a jail sentence of 5 to 20 years.
After reading all of that, I would say that both you and Mike need to think before you talk, because you're already on VERY shakey ground. I doubt Keenan will call the cops over an IM, but if I see EITHER of you try to hurt one of my friends, I guarantee the cops will be there so fast your head will spin. Now, again, I say: Grow up, quit crying because someone doesn't like you and made fun of you (can we say 'Grade school'?) and start thinking like a normal human being. Threats are not acceptable in today's society. Get a life. All comments on this will be screened. And before you get pissy about me posting this here, I am doing it so that there is no way ANYONE will be able to lie about what I said. It's here, public for everyone to see. I'm not hiding how I feel.