Quote:
Originally Posted by jman220
I don't know what state you were in, but here is the assault statute in Montana:
That seems appropriate for what he did, either under subsection a or c.
Here's the "aggravated assault" (felony) statute for Montana:
Since there wasn't serious physical injury, or the threat of serious physical injury, you don't have aggravated assault. The charge seems proper to me. Granted I haven't read the entire Montana Penal Law (not my state) so I suppose there could be other felony statutes I'm missing, but misdemeanor assault would be the charge filed in my state (New York) for conduct like this.
Edit: Also, 5 years for a one punch assault in any state sounds ridiculous. Were there other aggravating factors? Were you seriously injured? Did the guy have a significant criminal record?
Both sides of my jaw were shattered and I had extensive damage. I agree on its face its sound crazy but it emphasized at me at a young age that adults fighting is extremely stupid because extreme stuff can happen.
My impression is he was well known by the police and had an extensive history. I do suspect race/class and protecting tourism played a role. This was on the island of Kauai and my family owned several condominiums at a very high end complex there. Certainly none of that worked in his favor. I never even had to testify at his trial, in fact I think it was plead out which means there might have been other things I was not aware of at the time. This was over 20 years ago so I don't know how much different things were back then.
Personally outside of having massive dental work and multiple surgeries and a numb bottom lip for ten years it didn't really cause me any psychological harm from the standpoint that I get worried or scared. Like I said probably my biggest take away is people should never fight, it's s horrible idea and it's not manly. Lots of bad stuff can happen and you might even get yourself shot.
That is why what happened in Montana was so silly. If something went horribly wrong and the guy cracked his head on the edge of something he could be facing manslaughter. Why? Because a reporter was asking him questions?