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isobars
Joined: 12 Dec 1999
Posts: 20936
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 Posted: Sat Jul 17, 2010 6:55 am Post subject: |
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Einhorn is right that it would be plead down, which is why the law and my comments say, "up to". But don't ya think the thief would look for easier pickings next time if he were charged? A shoplifter doesn't have to leave the premises to be convicted.
Things would be different in my previous state. NM law allows any citizen the right to use deadly force on any felon, even if he's running for his life. In an actual case, however, under some DAs, that citizen should be ready to establish a perceived personal threat.
Mike \m/
Last edited by isobars on Sat Jul 17, 2010 11:52 am; edited 1 time in total |
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bjamin
Joined: 19 Jul 2000
Posts: 57
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| Posted: Sat Jul 17, 2010 11:18 am Post subject: |
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The irony is the alleged thief would have a difficult time getting more than $50-100 if he took a used custom cascade (I'm not saying these aren't awesome boards) to a swap meet, and that's assuming any windsurfer would buy a used board from someone who obviously knows nothing about windsurfing. In reality he'd have a hard time getting anything for this board.
On Maui, most older windsurfer boards are pretty safe - no one wants em! (surf boards are another matter).
| Quote: | | NM law allows any citizen the right to use deadly force on any felon, even if he's running for his life. |
So every citizen is automatically the police, the judge, the jury, & the executioner? You picked up my board, now I have to kill you! Can you still hang suspected horse thieves from the nearest tree (just make sure their first name isn't "Clint")?
Anyway I'm glad this situation had a happy ending. The suspected meth head will probably end up stealing a loaf of bread and be forever chased by Iso-Javert. And BTW, Lyle isn't all meth heads. There are five very nice local wineries in town - you should visit them! |
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seabrookuk
Joined: 22 Mar 2000
Posts: 17
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| Posted: Sat Jul 17, 2010 11:44 am Post subject: |
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| einhorn wrote: | | Oh, and battery is a civil tort, not a criminal offense in Washington. |
actually assault is the threat not the physical contact.
The main distinction between the two offenses is the existence or nonexistence of a touching or contact. While contact is an essential element of battery, there must be an absence of contact for assault. Sometimes assault is defined loosely to include battery.  |
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isobars
Joined: 12 Dec 1999
Posts: 20936
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| Posted: Sat Jul 17, 2010 11:50 am Post subject: |
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| bjamin wrote: | | Quote: | | NM law allows any citizen the right to use deadly force on any felon, even if he's running for his life. |
So every citizen is automatically the police, the judge, the jury, & the executioner?
You picked up my board, now I have to kill you!
Can you still hang suspected horse thieves from the nearest tree (just make sure their first name isn't "Clint")? |
If the shootee is indeed a felon, uhhhhh ... yep.
Not "have to" ... may.
And according to the letter of the law, horse theft isn't necessary; that permission applies if the perp simply reached into an open convertible.
In WA, OTOH, according to our local newspaper car thieves ... not burglars, THIEVES ... do no prison time until their 6th or 7th conviction.
Mike \m/ |
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seabrookuk
Joined: 22 Mar 2000
Posts: 17
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| Posted: Sat Jul 17, 2010 11:54 am Post subject: |
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[quote="seabrookuk"] | einhorn wrote: | | Oh, and battery is a civil tort, not a criminal offense in Washington. |
On Sat, 4th of July weekend, around 7ish, after sailing at Dougs when I was loading up my gear, a lady with her 2 younger children left quite upset because an older couple fitting the description above, were making sexual advances to her and her young children (6 and 4 yrs of age). She said the older drunk couple were down at the little swimming cove drinking and making out. She said they appeared high on something other than just alcohol. She was literally afraid they were going to grab her or one of her kids and they ran away. The physical description she gave me fits the description given to a T. |
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tetiaroaxx
Joined: 06 Oct 2015
Posts: 225
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| Posted: Sat Jul 17, 2010 1:16 pm Post subject: |
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Last edited by tetiaroaxx on Thu Apr 17, 2014 3:48 pm; edited 1 time in total |
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seabrookuk
Joined: 22 Mar 2000
Posts: 17
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| Posted: Sat Jul 17, 2010 4:55 pm Post subject: |
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[quote="tetiaroaxx"] | seabrookuk wrote: | | seabrookuk wrote: | | einhorn wrote: | | Oh, and battery is a civil tort, not a criminal offense in Washington. |
On Sat, 4th of July weekend, around 7ish, after sailing at Dougs when I was loading up my gear, a lady with her 2 younger children left quite upset because an older couple fitting the description above, were making sexual advances to her and her young children (6 and 4 yrs of age). She said the older drunk couple were down at the little swimming cove drinking and making out. She said they appeared high on something other than just alcohol. She was literally afraid they were going to grab her or one of her kids and they ran away. The physical description she gave me fits the description given to a T. |
That's terrible!
Now my memory has been recalled as well.
It was 28 June, 1987, at exactly 13:45. I remember it as if it were yesterday. I was walking (pooping) my dog at the Event Site, and later that evening at exactly 18:32, an elderly woman approached me at the gas station and said that a couple, fitting this exact description, 'both' wanted to take my dog updias at the beach earlier. I remember the old woman's wording exactly: "Bewthhhh!".
I'm reasoning they were probably sniffing gas, which was a felony in OR in 1987.
Life is rough in the US, my wee windsafling lads. Perhaps it's time for you all to move to a much safer country. |
huh??? Aside from your spelling mistakes, the rest of what you said was nonsensical. What ever are you on about? Or to rephrase it, what are you on? |
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isobars
Joined: 12 Dec 1999
Posts: 20936
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| Posted: Sat Jul 17, 2010 6:47 pm Post subject: |
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| seabrookuk wrote: | | einhorn wrote: | | Assault requires actual contact |
actually assault is the threat not the physical contact.
The main distinction between the two offenses is the existence or nonexistence of a touching or contact. While contact is an essential element of battery, there must be an absence of contact for assault. Sometimes assault is defined loosely to include battery. |
WA does it differently than most (all?) other states. Here in WA -- specifically, uniquely, and inexplicably -- "assault" requires contact. Score on that issue: Einhorn 1 (in WA); you, me, most legal dictionaries including Black's, and virtually every legal website I can find ... 0.
Mike \m/ |
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Georges
Joined: 10 Apr 2000
Posts: 249
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| Posted: Sun Jul 18, 2010 11:17 am Post subject: |
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| Having lived and sailed in SF for years where the "problems" described above are a dailey event I give you the folowing rule to live by " In life there are two types of people cannibals and non-cannibals pick a side" If you want da man to sort out your problem than so be it the next time you go there expect the same thing to happen.How would you like to find out it was your wife and kid that no one defended in there time of need.I love the gorge but some of its sailors live in a fantasy world. Gman,Oakland ca. |
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tetiaroaxx
Joined: 06 Oct 2015
Posts: 225
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| Posted: Sun Jul 18, 2010 11:42 am Post subject: |
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Last edited by tetiaroaxx on Thu Apr 17, 2014 3:50 pm; edited 1 time in total |
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