Crimes Against Persons

For your discussion post this week, review the following scenario.

Adam
and Mary are at a local bar, celebrating Mary’s 30th birthday. Adam and
Mary’s friend, Jim, walks into the bar and joins them. During their
conversation, Jim shares that he has not been feeling well lately. He’s
been having headaches, dizziness and some nausea. Jim also shares that
he was recently fired from his job as a bank teller because he was
accused of taking money from the bank drawer. Adam tries to cheer Jim up
and offers to buy him a drink. Jim starts yelling and screams at Adam,
“I don’t need your help!” Adam places his hand on Jim’s shoulder to calm
him down. Jim knocks Adam’s hand off his shoulder. Jim then grabs a
beer bottle off the bar and hits Adam along the left side of his face.
The bottle breaks, causing a deep cut near Adam’s right eye. Mary stands
up and tries to push Jim away from Adam. Jim slaps Mary across the
face. The bartender calls 911. Officers arrive within a few minutes and
arrest Jim for assault.

Jim and Mary are taken by ambulance to
the ER. Jim receives 10 stitches for a cut along his left eye.
Unfortunately, pieces of glass from the broken beer bottle enter Adam’s
eye, causing permanent loss of vision in his left eye. Mary is treated
for a bruise on her cheek, but does not have any permanent injuries.

Next, review and study the Minnesota Statutes regarding assault. Click here
for a link to the online resource for Minnesota Statutes. In addition,
below and study the following definitions to prepare your posts:

Minn. Stat. 609.02, Subd. 6. Dangerous weapon

“Dangerous
weapon” means any firearm, whether loaded or unloaded, or any device
designed as a weapon and capable of producing death or great bodily
harm, any combustible or flammable liquid or other device or
instrumentality that, in the manner it is used or intended to be used,
is calculated or likely to produce death or great bodily harm, or any
fire that is used to produce death or great bodily harm.

Minn. Stat. 609.02, Subd. 7. Bodily harm

“Bodily harm” means physical pain or injury, illness, or any impairment of physical condition.

Minn. Stat. 609.02, Subd. 7a. Substantial bodily harm

“Substantial
bodily harm” means bodily injury which involves a temporary but
substantial disfigurement, or which causes a temporary but substantial
loss or impairment of the function of any bodily member or organ, or
which causes a fracture of any bodily member.

Minn. Stat. 609.02, Subd. 8. Great bodily harm

“Great
bodily harm” means bodily injury which creates a high probability of
death, or which causes serious permanent disfigurement, or which causes a
permanent or protracted loss or impairment of the function of any
bodily member or organ or other serious bodily harm.

For your first post, discuss the following
issue be sure to include specific wording from your state’s criminal
laws that you are relying on for your discussion:

  • According
    to the wording of your state’s statutes, what level of assault should
    Jim be charged with to his actions in hitting Adam with the beer bottle?
  • According to the wording of your state’s statutes, what level
    of assault should Jim be charged with to his actions in slapping Mary?
  • What is the difference between the different levels of assault and what are the facts that support those different levels?

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