|
|
/Tza•diq•ūtꞋ)B.C.E. 1st century — RabꞋi Hi•leilꞋ, when asked by a gentile to be converted while the RabꞋi stood on one foot, replied: "That which you eschew, don’t inflict on your fellow! That's the entirety of Tōr•âhꞋ. What remains is pei•rush•âhꞋ. Now, go-weave
South From Rᵊphid•imꞋ To Har Sin•aiꞋ
à 2.b. Battery
Either subject may be guilty of assault & battery. Police officer would have to find out from witness(es) who initiated the altercation, who would then be guilty of both assault and – having touched the other subject attempting to do harm – battery. The victim is innocent by virtue of self-defense, which was his right from the moment of assault. Touching you inappropriately or without your permission, shoving or pushing you, even spitting on you or throwing a drink on you, is battery; a more serious crime; against which you are authorized to use reasonable force in self-defense and for which you may add to the assault charges that you file with the police, which justifies arrest and perhaps going to jail, for later pursuance in a court of law.
à 2.c. Aggravated
By intruding into the home, posing an imminent threat with firearm, perpetrator has committed aggravated assault. If he fires his weapon resulting in any harm to the victim, even if he misses the victim entirely, he will have committed aggravated battery.
If any weapon is involved in an assault (a stick, club or knife; any projectile {thrown, slung or fired}, etc.), then the assault and/or battery charge is upgraded to "aggravated" assault and/or battery – a felony that, in serious cases, carries a jail sentence.
Optional parental preparation:
What is a weapon (i.e. constituting aggravated assault and/or battery)? A rock? A baseball bat? Stabbing with a pencil? Throwing a marble, toy or wastepaper basket at you? Throwing a baseball, or other ball, deliberately at you when it's not valid part of a game, with the intention of hurting you? A slingshot? Shooting paper clips at you with a rubber band? Blowing beads out of a straw at you? (Ans: all of these are weapons, most of which could easily put out an eye. "Simple" assault or battery is "with empty hands".)
If someone, not in accepted friendly sport, shoots a rubber band at you, or throws water, a spitball, a plastic bottle or a rock, at you and misses, but you hurt yourself falling over something getting away, is that assault? (Yes.) Battery (even though it misses)? (Arguably.) Is it aggravated assault? (Yes.) Aggravated battery? (Arguably.) Is self-defense justified? (Absolutely.)
If any of the above hits you, is it battery? (Yes.) Aggravated assault or battery? (Court would take the approach of how reasonable the danger of injury was. It may be surprising that throwing things like pencils, or shooting paper clips with rubber bands, can take out an eye and would likely be taken seriously by a court (even if a police officer wasn't impressed). Is self-defense justified? (Absolutely.)
What should the child do if confronted by assault and/or battery at school? Be prepared ahead of time to know how to back your child up if (s)he has a valid complaint. What if the teacher doesn't take bullying your child seriously? What if the principal doesn't take bullying your child seriously? Be prepared ahead of time what you should do and with whom you should take the matter up (school board? personal attorney?) after filing a police complaint. If you believe the child has a proper complaint then you should file a complaint with the police, not only to protect your child in future but other children in future as well, regardless of what the teacher, principal or school board does so that police have a proper record on file. If something happens again, then you have the earlier police complaint on file. If you don't file a complaint with the police than you aren't doing the best for your child – nor for other children who may be victimized by the bully in future! (You're child probably isn't the first victim. Wouldn't it have been better had previous victims filed a formal complaint? Fret for future victims, not the future of bullies.) When in doubt, consult an attorney. Don't trust sobbing pleas of someone who may have abused your child. Put your child first and protect other children in future at the same time. Report it to the police.
Questions you might anticipate that your child might raise and be prepared to discuss:
What is a projectile?
What are the colloquial and legal meanings of "aggravated"? (For legal, it essentially means "using some kind of weapon"; i.e. not empty-handed, which is called "simple" assault and/or battery.)
Am I being bullied? Encourage child to bring up the question whenever (s)he thinks that (s)he might be being bullied – or be bullying someone else. Never tire of answering this question. Sometimes, children learn like a neural network (by accumulation of solved examples).
Should I come to the aid of another kid being bullied? To what extent? What is the legality – local laws – of coming to the assistance of another victim? What should your child do in such case? (Probably, immediately get the attention of a teacher or security guard, if available.)
 |
|
 |
