Oregon Knockout game, what Degree of Assault?

[Kruel J]

I'll not be taken down for lack of return fire.

 

[Nick Burkhardt]

What is the dollar amount limit in Oregon between misdemeanor theft and felony theft? About $1000?

As I found out from my fall and dislocated finger this winter, a trip to the ER starts at $1200, then a separate $1200 charge by the ER doc who is not a hospital employee, then add $300 per x-ray and you are well over $3000. Why is causing that much damage only a misdemeanor?

 

[Koda]

Could my Oregon LEO or legal experts please chime in? If an adult sneaks up behind a person and hits them in the head/face with the intent of knocking them down, also known as "The Knockout Game", and that person lost a tooth, what Degree of Assault is that?

The ORS is confusing about if a weapon must be used or not to bump up the degree to a felony.

If a punk smashes in a window, that can be replaced. If a punk smashes in someones teeth, then that will have long lasting physical and emotional consequences to the victim. It does not seem right that the City treats both as a misdemeanor.

I don't agree with getting your teeth knocked out being only a misdemeanor but I think were looking at this from the wrong direction.... I dont think its about the type of injury or if they have a weapon in use its about if you fear for your life. I think its reasonable for any victim of this game to be fearful of their life... but while thats just my opinion the preclusion of all the evidence would be difficult to prove you weren't in fear of your life. You have no reason to believe that at the time of the assault they were playing a game, I don't think any reasonable person would think so.

on a side note, Im not certain what you could do anyways if your sucker punched and knocked out by the time you wake up their gone.

 

[Sporting Systems]

Would intent be for example the difference between an argument that excilated and a premeditated sneak attack from behind?

Exactly. You went out intending to cause physical injury.

 

[HB of CJ]

Seems to me if the victim is knocked to the ground that implies some instant and perhaps temporary brain trauma. That plus pre intent would seem to warrant a felony charge. Just me.

 

[Nick Burkhardt]

I don't agree with getting your teeth knocked out being only a misdemeanor but I think were looking at this from the wrong direction.... I dont think its about the type of injury or if they have a weapon in use its about if you fear for your life. I think its reasonable for any victim of this game to be fearful of their life... but while thats just my opinion the preclusion of all the evidence would be difficult to prove you weren't in fear of your life. You have no reason to believe that at the time of the assault they were playing a game, I don't think any reasonable person would think so.

on a side note, Im not certain what you could do anyways if your sucker punched and knocked out by the time you wake up their gone.

That is my point. These cowardly attacks from behind or the side which cause injury should automatically be elevated to a felony offense.

 

[Koda]

That is my point. These cowardly attacks from behind or the side which cause injury should automatically be elevated to a felony offense.

I agree. There is no reason to assault anyone and why should someone have to go thru life with dentures, migraines from concussions, months of therapy to get your broken jaw working again just so you can chew food etc. etc. yet none of those are a loss of life or limb, but they should be treated as if they were.

 

[titsonritz]

Marvell Weaver, Teen Playing 'Knockout' With Stun Gun, Shot Twice By Victim | HuffPost
It''s happened

The victim thought he had been stabbed, drew his weapon and fired two shots, striking Weaver in the buttocks.

According to Michigan Live, Weaver told the man who had just shot him, "I'm sorry, please don't kill me. I don't know why I did that. I'm high, you know. I just wanna go home."

Weaver survived the shooting and was sentenced to a year in jail for the attack. He now regrets playing "knockout" and admits he got off easy for it.

"It was just a lesson learned. I wish I hadn't played the game at all," Weaver told WILX.

Lansing police said Weaver's story should serve as an example of the consequences of playing "knockout."


Perfect

 

[Alexx1401]

Do the injured parties ever get restitution?

They can of course sue, and easily win assuming it was one caught on tape. Now what do you really think the chance is of collecting from the type who do this is? I highly doubt many of them have a real job that you could go after for garnishment. You could of course get an order for them to pay, and good luck ever seeing a dime. Stuff like this is going to lead to a few morons getting killed. Of course if I ever ended up on the jury for someone who defended themselves from this they would never get a conviction. It's one reason I do not shirk jury duty. Someone has to be there for the system to work and once you have gone a few times it's scary to see what there is to chose from if you get in trouble.

 

[CountryGent]

I stay out of concrete jungles.

+1. I avoid them as much as possible for a variety of reasons.

And agreed that it is bullplop that such an attack may only be a misdemeanor. Even more lamentable is that that society has degenerated to the point that some people view such an assault as a "game".

I am aware of at least one case in which a would be victim pulled a legally owned and carried piece and shot the miscreant twice. The cretin survived and got a year in jail. I wouldn't be surprised if there were other documented cases.

 

[ma96782]

The "Prosecutor" will decide.

FYI.......it could all depend on "other factors" and "how willing" the Prosecutor is, to go to the mat for the victim. Even a Prosecutor.......has been known to play their games.

Aloha, Mark

 

[SOrez]

The only thing I believe he regrets is getting shot and going to jail.

The victim thought he had been stabbed, drew his weapon and fired two shots, striking Weaver in the buttocks.

According to Michigan Live, Weaver told the man who had just shot him, "I'm sorry, please don't kill me. I don't know why I did that. I'm high, you know. I just wanna go home."

Weaver survived the shooting and was sentenced to a year in jail for the attack. He now regrets playing "knockout" and admits he got off easy for it.

"It was just a lesson learned. I wish I hadn't played the game at all," Weaver told WILX.

Lansing police said Weaver's story should serve as an example of the consequences of playing "knockout."


Perfect

 

[Nick Burkhardt]

Sneak attack with a bike lock = a $250 fine and 3 years probation.

Former Bay Area professor gets probation for bike-lock attack on pro-Trump demonstrators

 

[alleyoop]

If someone were to attempt to perpetrate the KO game on me, it'd better kill me the first time.... 'cuz there'll BE a frakin' murder following that first bout, one way or the other.

I agree totally. I took 285 lbs full force one time 50 years ago. Knocked me down but not at all out. Hoping 50 years later to have the ability to still take a shot from one of these potentials if it happens. Knockout game is the reason I'm so conscientious about EDC in this day and age.

 

[SavageGerbil]

Sneak attack with a bike lock = a $250 fine and 3 years probation.

....wow
You know, if I were to strike someone to the head with a bike lock (heavy, steel) I would consider it using lethal force. Swinging a bludgeon to the head is really no different than putting a bullet in someone's leg, there's a very real, and significant potential of fatality.

From the video it looks like a lock on a rope or chain, so...yeah.


How that wasn't attempted murder, I don't know. But hey, the cost of 4 trips to a steakhouse and 3 years of "now you behave yourself!", I suppose that fits the crime...

 

[SavageGerbil]

The only thing I believe he regrets is getting shot and going to jail.

That's fine, really. The end result is the same. When you're a kid, you don't really regret playing frisbee in the house. The ricochet off the walls until a lamp goes smash was STILL fun and looked awesome, but the butt kicking and grounding marks it off your to-do list in the future.

Not playing the "oh he's just a kid" game, but pain and unpleasantness are useful tools. They'll put an aversion in place that wasn't there before.

 

[pharmseller]

Gotta disagree there. This kid is never pulling anything like that again, nothing cures starting trouble like catching bullets for it. He'll preach the "getting shot sucks" gospel, hopefully making some converts and averting a bit of potential trouble.

Not to mention, the guy who fired will sleep better without a death on his conscience. Justified or not, that's a heavy burden. While being a victim is the last thing I'd ever want, it's followed up by having to live with taking a life. Just my two cents.

I have a crisp hundred dollar bill that says this isn't the last time Marvell sees the inside of a cell.





P

 

[pharmseller]

Getting struck on the head is no joke.

Basketball Coach Charged After He Allegedly Punched Florida Man Who Thought He Was an Uber Driver

Jamill Jones' career is over. He's alive, but he'll see time, not to mention a huge civil suit. Stick a fork in him.




P

 

[WasrNwarpaint]

this is HATE behavior and would not be tolerated whatsoever if this were white on black attacks and this isnt a game its a hate crime thats been termed "a game as an excuse" used to protect the hood rats from not being responsible yet again..just like its the guns fault Chicago is messed up..

as usual its the white mans fault they are violently attacking...
frankly all I see is vicious tribal behavior

 

[Nick Burkhardt]

this is HATE behavior and would not be tolerated whatsoever if this were white on black attacks and this isnt a game its a hate crime thats been termed "a game as an excuse" used to protect the hood rats from not being responsible yet again..just like its the guns fault Chicago is messed up..

as usual its the white mans fault they are violently attacking...
frankly all I see is vicious tribal behavior

Yes white people are terrible. Yahoo news said so Is 2018 the Summer of Hate in America, all caught on tape?