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re: Brian, The Teabagger, Has Turned Himself In...Balls and All

Posted on 1/19/12 at 3:51 pm to
Posted by 12
Redneck part of Florida
Member since Nov 2010
19452 posts
Posted on 1/19/12 at 3:51 pm to
quote:

Plead to some kind of simple assault or public indecency. Pay a fine and possibly probation or some kind of court program.


I agree.
Posted by HT713
Galations 4:16
Member since Jan 2011
10028 posts
Posted on 1/19/12 at 3:51 pm to
quote:

why do you think he'll end up doing time


Dude you're nuts if you think this guy isn't going to prison.
Posted by Me4Heisman
Landmass
Member since Aug 2004
5509 posts
Posted on 1/19/12 at 3:51 pm to
Too much media attention.
Posted by elposter
Member since Dec 2010
26442 posts
Posted on 1/19/12 at 3:51 pm to
quote:

What do you actually think is going to happen to him?



Plead to some kind of simple assault or public indecency. Pay a fine and possibly probation or some kind of court program.


I think this is pretty close. He will definitely try to plead, just depends on what kind of resources the city wants to invest, whether the victim is going to come forward etc.
Posted by HeadyMurphey
Los Santos
Member since Jan 2008
17251 posts
Posted on 1/19/12 at 3:52 pm to
quote:

Honest question: why do you think he'll end up doing time?


I love all the people saying he will be in OPP. He won't see 24 hours in jail.
Posted by memphisplaya
Member since Jan 2009
86840 posts
Posted on 1/19/12 at 3:52 pm to
quote:

I would be willing to bet that anyone stabbing or robbing people at gunpoint were NOLA locals, not visiting fans.


All bama fans carry guns. Remember?
Posted by elposter
Member since Dec 2010
26442 posts
Posted on 1/19/12 at 3:53 pm to
Does LA have a minimum sentence for ear rape?
Posted by Me4Heisman
Landmass
Member since Aug 2004
5509 posts
Posted on 1/19/12 at 3:53 pm to
The bedt he can do is avoiding a felony conviction.
Posted by 12
Redneck part of Florida
Member since Nov 2010
19452 posts
Posted on 1/19/12 at 3:54 pm to
quote:

I love all the people saying he will be in OPP. He won't see 24 hours in jail.


I think he will be booked and bonded out. He will plead it down to a misdemeanor.
Posted by chilld28
Get in B Chord and Mash It!!
Member since Nov 2009
29622 posts
Posted on 1/19/12 at 3:54 pm to
quote:


Dude you're nuts if you think this guy isn't going to prison.
First of all that is a woman. Second, this guy is not going to prison
Posted by AUnite
The Tragic City
Member since Nov 2010
14828 posts
Posted on 1/19/12 at 3:55 pm to
quote:

HoustonTiger713
quote:




Chick you're nuts if you think this guy isn't going to prison.
FIFY.

I don't know if he'll go to jail. I'm not the DA, or the judge.

ETA:
Thanks chill!
This post was edited on 1/19/12 at 3:56 pm
Posted by FamousAmos
Member since Feb 2010
3276 posts
Posted on 1/19/12 at 3:55 pm to
quote:

Honest question: why do you think he'll end up doing time?


Serious question. Any law students care to elaborate? At first I was thinking it was a battery due to unwanted contact, but then I pulled up Louisiana Battery laws...

quote:

Battery

Battery differs from assault in that it actually involves contact or force. Under Louisiana law, battery is defined as the “intentional use of force or violence” on someone else.

Simple battery is a misdemeanor offense and carries up to 6 months in jail and fines reaching $1,000.

Ref: LA Code RS 14:35

Aggravated Battery

Aggravated battery is more serious than simple battery and is defined as a battery where a dangerous weapon is used. This is a felony offense that carries up to 10 years in prison and fines reaching $5,000.

Ref: LA Code RS 14:34

Second Degree Battery

Second degree battery is defined as committing a battery where intentional serious bodily injury is inflicted. This includes injury which features unconsciousness, extreme pain, disfigurement, loss or impairment, or substantial risk of death.

A felony offense, second degree battery is punishable by up to 5 years in prison and fines reaching $2,000.

Ref: LA Code RS 14:34.1

Aggravated Second Degree Battery

Aggravated second degree battery involves aggravated battery as defined above (inflicting serious injury) and the use of a dangerous weapon.

This is one of the most serious of violent crimes under Louisiana law and carries up to 15 years in prison and fines reaching $10,000.


One thing we are missing is "force" and/or "bodily injury". Obviously though, there has to be something to this.
Posted by Me4Heisman
Landmass
Member since Aug 2004
5509 posts
Posted on 1/19/12 at 3:56 pm to
Right or wrong they are labeling it a sex crime. You dont avoid jail time in Orleans parish often for that.
This post was edited on 1/19/12 at 3:57 pm
Posted by King
Deep in the backwoods
Member since Sep 2008
18518 posts
Posted on 1/19/12 at 3:56 pm to
Disorderly conduct, indecent exposure, and public drunk...if LA has a public drunk law
Posted by HeadyMurphey
Los Santos
Member since Jan 2008
17251 posts
Posted on 1/19/12 at 3:56 pm to
quote:

You dont avoid jail time in Orleans parush for that


You would be surprised what they do to first time offenders.
Posted by SabanIsAGod
Jackson
Member since Oct 2009
3880 posts
Posted on 1/19/12 at 3:57 pm to
victim is on finebaum right now
Posted by Broke
AKA Buttercup
Member since Sep 2006
65278 posts
Posted on 1/19/12 at 3:57 pm to
quote:

Orleans parush


WUT
Posted by Blakely Bimbo
Member since Dec 2010
1183 posts
Posted on 1/19/12 at 3:57 pm to
Guy calling in now to Finebaum says he is the victim. Name is Sam. TWIW
Posted by HeadyMurphey
Los Santos
Member since Jan 2008
17251 posts
Posted on 1/19/12 at 3:57 pm to
quote:

and public drunk...if LA has a public drunk law


How do you prove he was drunk?
Posted by elposter
Member since Dec 2010
26442 posts
Posted on 1/19/12 at 3:57 pm to
quote:

One thing we are missing is "force" and/or "bodily injury". Obviously though, there has to be something to this.







The contact here easily meets the standard of "force" for simply battery.
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