Bullied and beaten...in middle school!

goaliedad
Fri, 19 Nov 2010 18:30:27 +0000

frazzled1-While I agree with you that this should qualify as a felony, my understanding is that the victim’s broken leg occurred when he was thrown to the ground, not when he was beaten with the sticks. The difference in the law is that in order to rise to the commission of a felony, the defendant has to cause the physical injury by means of “a deadly weapon or a dangerous instrument.” If the tree limb was used to cause the injury, then I think felony assault would have been charged.



Throwing someone out a 3rd floor window doesn’t qualify as a felony by that interpretation. I’m sure that is not the case. I think it smacks of minimizing the incident and keeping the perpetrators records felony-free.

We had an incident not far from where I live where someone of lesser intellegence was throwing heavy stones off a freeway overpass and killed someone in a car going by. The defense when fighting the murder charge tried to use the technicality of a rock not being a mechanical device (no moving parts) therefore not a weapon when contesting the use of a weapon in a felony. Jury didn’t buy it.

Trust me, there are plenty of people trying to bury this story quickly.