week 3 discussion criminal defense.
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?