tuckeverlasting
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CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.We shouldn't be laughing about a human being losing their home and their social status. Not for something like this anyway. It's not like he's a rapist or even worse.
Deporting anybody as soon as they were picked by the jets would probably make this country a better place.
If you were a NONCITIZEN and were found guilty of aggrivated assault, and deported because thats what the conditions of your permission to be here dictate, you would be pissed off because a citizen who didnt get convicted of a crime is still in America?
Can you copyright right that logic so I can buy from you and use it against the IRS and my neighbor who thinks its my problem if I don't like the noise level in his yard?
If some guy really did come after Ellis with a baseball bat, and he acted in self-defense, and there are multiple witnesses stating that, then I'd be pretty surprised if he gets deported. Would be hard enough to convict him of anything, I would bet that the charges would be dropped or he would plea down to a misdemeanor if he wanted to be play it extra-careful. Either way, I'll be pretty surprised if this affects his NFL career in any meaningful way.
Virginia Law on Assault, Battery, and Wounding Revealed & Explained | MEDVIN LAW | Attorney Marina Medvin | Northern Virginia Law Firm | Criminal Defense | Alexandria Arlington Fairfax Stafford Prince William Manassas Loudoun Leesburg Federal | Top RFELONY MALICIOUS WOUNDING AND FELONY UNLAWFUL WOUNDING
The Maiming Statute – Virginia Code § 18.2-51 – states: If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony.” This crime is punishable by up to 20 years in jail, with a 5 year mandatory minimum sentence, and up to a $100,000 fine. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony. This is punished by up to 5 years in prison, with up to a $2,500 fine.
Malicious wounding must be proven by the government as follows: 1) Intended to maliciously wound, injure, cut, stab, shoot someone with intent to maim, disfigure, disable or kill that person, and 2) committed a direct but ineffectual act towards this purpose.
The accused can cause this injury with his hands and knees as much as with a knife, machete or sharp jewelry. “Any means” under this section includes using your dog or pit bull to inflict the injuries.
Malice is defined generally as the ill will to do something, or an intentional and wrongful act without legal justification. A wound is defined in Virginia as a breaking of the skin. (If you see blood in a fight, skin has been broken.) An injury in Virginia is defined as internal or organ damage.
There is no requirement of severe injury or disfigurement. To have the requisite intent under this law, the accused must have intended to inflict a permanent wound. It is not required that the wound be in fact permanent, or even severe, but only that the accused intended to cause such harm. If the wound was in fact permanent, disfiguring, or severe, the accused would be charged under Virginia Code Section 18.2-51.2, the Aggravated Malicious Wounding statute. Aggravated Malicious Wounding is punished as a class 2 felony, by up to life in prison, and have a minimum prison sentence of 20 years, with a fine of up to $100,000. (This is the same penalty as a murder charge!)
Intent may be inferred from acts or words the accused used during and prior to the fight. But, intent can also be inferred from the final act when the intentional act could reasonably lead to a wounding injury. There is a presumption in the law that the natural and necessary consequences of an act were intended by the accused when he carried out the act.
Of course using weapons or a dog easily triggers the inferred intent as described above. Using fists, however, is a different story. The only way that punching someone with your fists can lead to an inference of intent for one of the results described in the statute is if the beating is so violent or brutal that it can reasonably be concluded that the accused had such intent. Thus, even if the blows don’t cause disfigurement, if they were carried out with strong violence or brutality, this felony wounding statute would apply. An example of a case where the accused was convicted of malicious wounding for punching someone was in Clark v. Commonwealth, where the accused continued punching the victim after he was down and had to be pulled away by others before he would stopped. The courts look at the severity of the punches and the number of blows.
To be fair, the details of the case point toward a plea deal with little negative implications for Ellis. The fact the case has been pushed back to November shows a lack of any immediacy on the part of the prosecution to move forward with the felony charge. My guess, a simple assault misdemeanor and probation.
BUT...Brit Pat...as a Jet player, I hope he gets summarily executed by firing squad at dawn.:yeeha:
Under your laws, Meriweather was deemed to be protecting himself.
If you were a NONCITIZEN and were found guilty of aggrivated assault, and deported because thats what the conditions of your permission to be here dictate, you would be pissed off because a citizen who didnt get convicted of a crime is still in America?
Can you copyright right that logic so I can buy from you and use it against the IRS and my neighbor who thinks its my problem if I don't like the noise level in his yard?
The court date was pushed back because Ellis changed attorneys and the prosecutor had little say in the matter. Continuances are approved by the judge, not the prosecutor. The prosecutor could oppose a motion for a continuance, but typically if the defendant has a justified reason they get it. Changing attorneys is a justified reason because the new attorney needs time for discovery, to get up to date with the facts of the case, and to plan a defense strategy. Even if the evidence is stacked against Ellis, there is a good chance he will be able to get another continuance to push that November 28th court date until after the season due to conflicts with his employment.
... I'm fairly certain throwing a punch doesn't exceed defending with equal force against a baseball bat. If a midget comes at me with a knife and I kick that little fugger ten feet I wouldn't expect the courts to penalize me for being taller. Wee bastard had blade...
We are, as I see Jets fans are on Jets boards, speculating on whether he is guilty or innocent. Just because the guy swung a bat at him doesn't neccessarily mean that Ellis breaking the guy's jaw and nose is legally self defense. The laws in many states have strict rules about the magnitude of the response given for self defense and many states determine that you cannot justify a self defense claim if you can safely avoid harm by fleeing.
no need to go ballistic,Longwinded Larry...I did not know he changed attorneys.I KNOW the judge approves continuances but it has been MY experience in the court system HERE in RI that when the prosecutor has a slam bang dead doornail case, the trial date stays unchanged.This has been implemented in the past decade to address the staggering backload of felony cases being continued by Superior Court judges at the behest of defense attorneys. Getting a continuance due to a conflict with employment doesn't fly here anymore either.I assumed a state the size of Virginia would have streamlined scheduling also but it seems I made a mistake.Looks like, according to your assertions, that he'll be able to keep getting continuances until his NFL career is over.
Didn't go ballistic. Just pointing out that you don't know what you are talking about. You obviously don't know court procedures. Only a judge can allow a continuance of a court date. One or both sides can request a change. Typically, the defendant gets most reasonable requests in a felony case.
If he was attacked with a bat, then there's no way that a punch will be found to go beyond the threshold of allowable force. That's textbook self-defense- the only way that he could screw that up is if he continued to attack the guy after he was incapacitated. As long as that's not the case (and yes, that is speculation), then there's simply no way that he'll be convicted of a felony. We can hopes that it happens all we want, but it won't.