If you want a conviction based on the injuries he discussed in the video, you go with assault 4. If you try for 3, they’re going to walk, because you’re not going to get 12 people to agree that those injuries caused “substantial pain” or “considerable suffering.” And that’s if the prosecutor would even charge 3, when it’s historically only been for attacks on public officers.Yeah, I read all four RCWs before I posted and I stand by my interpretation. I find it interesting how you would downplay another person's physical injuries.
Tell you what hot shot - pretend it was your wife or daughter that was roughed up like that and had to be reminded daily of being attacked by the pain of taking a shower, putting on clothes, or simply moving around, and let that go on for a week or so.
Are you still carrying the water for the assailant to get a lesser charge that is used to prosecute a shove or slap?
People see this as particularly significant because of the political angle. Reality is that Motivation is irrelevant to the charge. Remove that, and nobody even knows this happened. The TA gets fired, student gets sanctioned, and everyone moves on.
EDIT: There’s another factor here. The coverage and the rising indignation is based on the victim’s story and on about 15 total seconds of video. What if the 5 minutes of video before this show that red hat was taunting and/or shoving the 2 assailants? What if it shows that this wasn’t a random “they jumped me out of nowhere” but that he and some friends were provoking this? People tend to jump quickly to the conclusion that’s being provided to them, and fringe media (on both sides) is particularly willing to tell you what you think.
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