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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.
Would intent be for example the difference between an argument that excilated and a premeditated sneak attack from behind?
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.
Do the injured parties ever get restitution?
I stay out of concrete jungles.
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
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.
Sneak attack with a bike lock = a $250 fine and 3 years probation.
The only thing I believe he regrets is getting shot and going to jail.
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.
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