She doesn’t brandish the bottle at all. She picked it up and stood still, in a defensive posture. Which is fully understandable since he’s assaulted her twice already.
Nope it does not and again you’re not a fucking law expert stop talking like you are. You’re so wrong all over this page you fucking dork.
The entire situation decides intent. Her intent all over is general, touches the bottle with no intent to do harm or anything not illegal, not offensive. Grabs the bottle with general intent, is not swinging it or brandishing it or showing intent to use it as a weapon, no crime.
He throws the drink in her face, general intent. Once he physically interacted with her that is no longer general and it switches all his actions to specific intent.
You’re fucking dumb literally shut up dude holy fuck
Feelings are clearly running high in this thread but I’m going to stand by the argument I’ve made elsewhere, instead of the knee jerk reactionary shit.
If you can’t flip the gender roles this exchange and make the same conclusions, you’ve come to the wrong conclusion.
She initiated indirect physical contact. She initiated direct physical contact. She initiated escalation to potentially deadly force. And in her face book post she at least confirms the first two parts, with video evidence to corroborate. She needs a real lawyer because the argument that because she is smaller and physically weaker will end up with her catching charges.
She initiated this. She said she initiated this. The video evidence says she initiated this. She took the first step up each element of the escalation ladder (indirect use of force -> direct use of force -> use of deadly force). She made no efforts to de escalate.
If you want her to win, she needs a fucking lawyer. Because even a basically competent lawyer is going to be able to present her own words, her Facebook post on this, and be able to show that she knew she was the party to step up the escalation ladder.
She needs a lawyer and to press charges because if she doesn’t, he will. And with the evidence as presented here, he’d have a pretty solid case for self defense. Yes he used far to much force and went to far. But he at no point initiated this. Each turn of the wheel has him responding to her escalation. He tried two times to leave the situation. The first time unsuccessfully because she was brandishing a weapon. These are material facts that she acknowledged in her Facebook post, and which can be plainly seen in the video. It doesn’t matter if we think his use of force in response is excessive, if she keeps stepping up the escalation ladder.
She doesn’t advance with the bottle once she has it. She’s grabbing it for defense.
He’s literally trying to leave. He grabbed his phone and bag and headed for the door. Then he has to deal with someone brandishing a weapon.
She doesn’t brandish the bottle at all. She picked it up and stood still, in a defensive posture. Which is fully understandable since he’s assaulted her twice already.
The guy is the aggressor.
If you’re this woman’s lawyer, she’s going to go to jail.
I love you fuckin idiots that think you know the law.
Google specific and general intent. Learn something.
Specific intent to cause harm is a massive fucking problem
Battery with general intent is a misdemeanor.
That describes both her grabbing of the glass, and his splashing her with the contents. General intent, not specific intent.
That describes her lunging across the table and hitting him. A specific intent to cause harm.
I agree with the parent comment: if you raise this “general intent vs specific intent” argument as this woman’s lawyer, she’s going to jail.
Nope it does not and again you’re not a fucking law expert stop talking like you are. You’re so wrong all over this page you fucking dork.
The entire situation decides intent. Her intent all over is general, touches the bottle with no intent to do harm or anything not illegal, not offensive. Grabs the bottle with general intent, is not swinging it or brandishing it or showing intent to use it as a weapon, no crime.
He throws the drink in her face, general intent. Once he physically interacted with her that is no longer general and it switches all his actions to specific intent.
You’re fucking dumb literally shut up dude holy fuck
Hey thanks for confirming I don’t have to take any of your comments seriously ever again.
Feelings are clearly running high in this thread but I’m going to stand by the argument I’ve made elsewhere, instead of the knee jerk reactionary shit.
If you can’t flip the gender roles this exchange and make the same conclusions, you’ve come to the wrong conclusion.
She initiated indirect physical contact. She initiated direct physical contact. She initiated escalation to potentially deadly force. And in her face book post she at least confirms the first two parts, with video evidence to corroborate. She needs a real lawyer because the argument that because she is smaller and physically weaker will end up with her catching charges.
She initiated this. She said she initiated this. The video evidence says she initiated this. She took the first step up each element of the escalation ladder (indirect use of force -> direct use of force -> use of deadly force). She made no efforts to de escalate.
If you want her to win, she needs a fucking lawyer. Because even a basically competent lawyer is going to be able to present her own words, her Facebook post on this, and be able to show that she knew she was the party to step up the escalation ladder.
She needs a lawyer and to press charges because if she doesn’t, he will. And with the evidence as presented here, he’d have a pretty solid case for self defense. Yes he used far to much force and went to far. But he at no point initiated this. Each turn of the wheel has him responding to her escalation. He tried two times to leave the situation. The first time unsuccessfully because she was brandishing a weapon. These are material facts that she acknowledged in her Facebook post, and which can be plainly seen in the video. It doesn’t matter if we think his use of force in response is excessive, if she keeps stepping up the escalation ladder.