Page 1 of 3 123 LastLast
Results 1 to 10 of 24

Thread: May I borrow your collective expertise: specific charges, if any on hypotheticals?

  1. #1
    Site Supporter Totem Polar's Avatar
    Join Date
    Aug 2013
    Location
    PacNW

    May I borrow your collective expertise: specific charges, if any on hypotheticals?

    I hope this is the correct place to post a few quick questions; mods by all means shuffle as you see fit. I was mulling over a few "scenarios" and it occurred to me that I have access to a great LE brain trust, so I'm barging in here to run a few of these scenes by y'all to see what, if any, specific illegality exists in your jurisdiction.

    Scenario one: Male office worker has a conflict with a female office worker. Male office worker walks by female in the hall and body checks her with his shoulder, knocking her down; keeps walking as if nothing happened. assume bumps and bruises, but no injuries.

    Scenario two: Male office worker encounters another female office worker off-site. Male physically blocks female's exit from public building by repeatedly stepping in front of female; does not touch. Arrests movement to pursue unwanted conversation for 3-5 minutes.

    Scenario three: Male office worker notes another female office worker preparing to leave for the day. Male runs down to parking lot, and proceeds to walk in circles around the female's car for 10-15 minutes; female waits inside until male is gone.

    I could come up with some other scenarios, but let's start with those three. Law is not my normal beat, so I appreciate your collective input on this thought experiment. Thanks in advance for your indulgence.

  2. #2
    Site Supporter
    Join Date
    Feb 2011
    Location
    Allen, TX
    All of those are illegal or potentially illegal in the Republic.

    #1 is Assault and could be charged as a Misdemeanor A Assault (one year in county and I think the fine is up to 2K). By the way, bumps and bruises ARE injuries. Pain is an injury here in TX. Real world on this would be a Mis/C assault, punishable by a fine only.
    #2 is potentially Obstructing Public Passageway (M/B; six months; 1K fine) or Harassment M/B.
    #3 is potentially Harassment. Both #2 and #3 are not likely to get much traction from the criminal prosecution standpoint, though.
    Regional Government Sales Manager for Aimpoint, Inc. USA
    Co-owner Hardwired Tactical Shooting (HiTS)

  3. #3
    Quote Originally Posted by Sidheshooter View Post
    I hope this is the correct place to post a few quick questions; mods by all means shuffle as you see fit. I was mulling over a few "scenarios" and it occurred to me that I have access to a great LE brain trust, so I'm barging in here to run a few of these scenes by y'all to see what, if any, specific illegality exists in your jurisdiction.

    Scenario one: Male office worker has a conflict with a female office worker. Male office worker walks by female in the hall and body checks her with his shoulder, knocking her down; keeps walking as if nothing happened. assume bumps and bruises, but no injuries.

    Scenario two: Male office worker encounters another female office worker off-site. Male physically blocks female's exit from public building by repeatedly stepping in front of female; does not touch. Arrests movement to pursue unwanted conversation for 3-5 minutes.

    Scenario three: Male office worker notes another female office worker preparing to leave for the day. Male runs down to parking lot, and proceeds to walk in circles around the female's car for 10-15 minutes; female waits inside until male is gone.

    I could come up with some other scenarios, but let's start with those three. Law is not my normal beat, so I appreciate your collective input on this thought experiment. Thanks in advance for your indulgence.
    1) Simple assault.
    2) False imprisonment (stretching it - would likely be nol pros'd).
    3) No charge if this is the only incident. Possibly stalking if other incidents occurred.

    Add domestic assault if they are current/former intimate partners or related.

  4. #4
    Quote Originally Posted by Sidheshooter View Post
    I hope this is the correct place to post a few quick questions; mods by all means shuffle as you see fit. I was mulling over a few "scenarios" and it occurred to me that I have access to a great LE brain trust, so I'm barging in here to run a few of these scenes by y'all to see what, if any, specific illegality exists in your jurisdiction.

    Scenario one: Male office worker has a conflict with a female office worker. Male office worker walks by female in the hall and body checks her with his shoulder, knocking her down; keeps walking as if nothing happened. assume bumps and bruises, but no injuries.

    Scenario two: Male office worker encounters another female office worker off-site. Male physically blocks female's exit from public building by repeatedly stepping in front of female; does not touch. Arrests movement to pursue unwanted conversation for 3-5 minutes.

    Scenario three: Male office worker notes another female office worker preparing to leave for the day. Male runs down to parking lot, and proceeds to walk in circles around the female's car for 10-15 minutes; female waits inside until male is gone.

    I could come up with some other scenarios, but let's start with those three. Law is not my normal beat, so I appreciate your collective input on this thought experiment. Thanks in advance for your indulgence.
    I'm not in LE, but I've spent a couple of decades working in corporate settings. The woman in each of these instances has solid grounds for an HR complaint that could lay key groundwork for more serious action if incidents of this type were to continue. The legality of the man's actions will vary with jurisdiction but each of the actions you described is disturbing and does not augur well.


    Okie John
    “The reliability of the 30-06 on most of the world’s non-dangerous game is so well established as to be beyond intelligent dispute.” Finn Aagaard
    "Don't fuck with it" seems to prevent the vast majority of reported issues." BehindBlueI's

  5. #5
    Modding this sack of shit BehindBlueI's's Avatar
    Join Date
    Mar 2015
    Location
    Midwest
    1) misdemeanor battery, bruises count as injury, so "A" misdemeanor here.

    2) Nothing, realistically. If she also can't leave in another direction, criminal confinement. Stretch, though, reeeeal stretch.

    3) nothing, absent a protective order or the like.

  6. #6
    All scenarios are harassment.

    Known doer simple assault (a body check may not even be that) especially one where there is history, is harassment. He could say she tripped and bumped him...no witnesses?

    Known doer stopping a complainant from movement is harassment, if both parties are legally allowed to be there. She could have walked back inside the building and called police...

    Known doer follows female complainant to vehicle and walks around her vehicle as she attempts to leave, borderline harassment...did she call police? Are there witnesses? Video?

    Recommendation - call police with every incident and make a report. Then after one is made get a stay away order and have it served. If it continues as police to file charges of harassment and violation of order.

    Also suggest get ccw and buy a gun.
    VDMSR.com
    Chief Developer for V Development Group
    Everything I post I do so as a private individual who is not representing any company or organization.

  7. #7
    Member NorthernHeat's Avatar
    Join Date
    Feb 2014
    Location
    Nashville
    As far as down here, Wayne is spot on (like usual):

    1-Assault, Either Class A or Class C (if they are dating or family then it adds "Family Violence" to that). Any physical injury or "pain" would make it "Bodily Injury" and raises it from a Assault - Contact (Class C) to the Assault Bodily Injury-Class A. If she did not feel pain and has no marks or bruising then more than likely Class C Assault -Contact if she found the contact "Offensive".

    Realistically, you would need to articulate the hell out of 2 & 3 to get anything from those (prove this is ongoing, why she could not have gotten by him or walked the other way, why she feels "he just did not happen to walk outside at the same time" blah blah blah).

    Contacting the employer about what is going on would not only be able to have them possibly fire the male (if he has violated any policy within the workplace), but would also strengthen her case for any legal charges because it shows she is exercising all means to stop this from ongoing.
    Last edited by NorthernHeat; 04-13-2016 at 01:23 PM.

  8. #8
    Member
    Join Date
    Mar 2014
    Location
    Texas
    This is TX, department practices and by our city attorney guidelines.

    1) Misdemeanor C assault by offensive contact.
    2&3) If they were both present and I thought is was going to be an ongoing problem, I would make an arrest for obstructing a public highway or other passageway. There hasn't really been a crime committed against the female. Otherwise it's probably just going in an incident report.

  9. #9
    THE THIRST MUTILATOR Nephrology's Avatar
    Join Date
    Sep 2011
    Location
    West
    another (non legal) thought - why is this gentleman still employed? All seem like eminently problematic behaviors that even in a healthcare setting would get you canned PDQ. If the employer is somehow supportive of this behavior and/or fostering a hostile work environment that in itself seems like it might be fodder for the legal system, too.

  10. #10
    Very Pro Dentist Chuck Haggard's Avatar
    Join Date
    Feb 2011
    Location
    Down the road from Quantrill's big raid.
    In Kansas you'd specifically have;

    1. Battery

    2. Unlawful Restraint, in some places where they have a city code on the books it might get downgraded to Accosting

    3. Dangerously close to a Stalking charge, especially if there is other past conduct.

    These are KS specific.
    I am the owner of Agile/Training and Consulting
    www.agiletactical.com

User Tag List

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •