• Rivalarrival@lemmy.today
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      3 days ago

      Yep! Already covered that. We already agreed that the throwing of the drink in her face, while provoked, was unjustified. We already agreed that it was a misdemeanor offense.

      4th degree assault is a misdemeanor. $500 fine.

      Prosecutors always initially overcharge to scare defendants into a plea deal. 4th degree assault just doesn’t fit the circumstances. Even Menacing is a bit of a stretch, but I expect he’ll plead down to Menacing just to make it go away. Class B misdemeanor. $250 fine.

      Her grabbing the drink was not justified. His throwing the drink was not justified. Her striking him in the face was not justified. His pushing her away was justified. The kick was questionable. The brandishing of the beer bottle was not justified. The shove was justified. His two attempts at retreat despite her continued attacks are rather damning to a 4th Degree Assault charge; he only used physical force against her when she posed a threat.

      • deft
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        3 days ago

        Prosecutors always initially overcharge to scare defendants into a plea deal.

        Lol mr lawyer at it again 🙄