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re: Charges to be filed on Simmons

Posted on 3/28/16 at 1:40 pm to
Posted by lsufball19
Franklin, TN
Member since Sep 2008
65588 posts
Posted on 3/28/16 at 1:40 pm to
quote:

Can't be true. I read on the Internet that no charges would be filed, because the victim started it, and she wasn't really hurt anyhow.

where did you read that? the victim starting it doesn't change anything unless he claims self-defense, which he didn't. Her lying on the ground getting beaten by two people kind of defeats that as well. her "starting it" by making a verbal attack doesn't change anything. assault is still assault.
Posted by No Colors
Sandbar
Member since Sep 2010
10671 posts
Posted on 3/28/16 at 1:43 pm to
quote:

where did you read that? the victim starting it doesn't change anything unless he claims self-defense, which he didn't. Her lying on the ground getting beaten by two people kind of defeats that as well. her "starting it" by making a verbal attack doesn't change anything. assault is still assault.


*** You missed my sarcasm
Posted by JustGetItRight
Member since Jan 2012
15715 posts
Posted on 3/28/16 at 3:33 pm to
quote:

the victim starting it doesn't change anything unless he claims self-defense, which he didn't. Her lying on the ground getting beaten by two people kind of defeats that as well. her "starting it" by making a verbal attack doesn't change anything. assault is still assault.



Actually, outside of a domestic violence situation, it makes a huge difference in bringing an assault charge. LE showing up, breaking up a fight only to have neither party want to file charges is an everyday occurrence. Even in cases of DV where laws have been amended to allow LE to bring charges on their own, it is very difficult to get a conviction with an uncooperative victim.

The subject appears to be moot in this case because according to the OP's link they're charging him with disturbing the peace and the girl is pursuing assault charges.
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