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The state is West Virginia and there are witnesses to the unprovoked attack.
What is the likely outcome if a police report is filed?

2006-12-06 08:36:53 · 22 answers · asked by appalachianlimbo 5 in Politics & Government Law Enforcement & Police

What degree of assault would this be?

2006-12-06 08:39:32 · update #1

22 answers

This is called 'attempt to maim' while committing Assault. In WV I am not quit sure as to the time someone would look at, but the mitigating circumstances are important. Was the person defending themselves or was the one with the broken thumb attacked unprovoked? Were there any instruments used in the attack, a knife or bat or something similar? The outcome of a police report will likely result in what is called a domestic dispute where the "breaker" of the thumb would have to go to jail at least for a day until released on his/her own recognizence. email me w/more details and perhaps I can help more.... be well, Jack

2006-12-06 08:41:30 · answer #1 · answered by Anonymous · 0 0

Assault and Battery. Assault occurs when you put into someone's mind/hear the fear/or apprehension of an imminent harm - like when someone says - they gonna beat you up. Battery occurs when the harm is done. So here we have Assault and we have Battery. File a police report to get the ball rolling.

2006-12-06 08:39:44 · answer #2 · answered by Anonymous · 2 0

assault and battery. There me a special allegation of GBI, which means great bodily injury due to the broken bone. If an investigation reaveals what you said and the attacker is convicted, she may do some jail time. More than likely, there is more to the story and she might get probation if it's her first offense.

2006-12-06 08:45:01 · answer #3 · answered by Bigdaddy 2 · 0 0

Assault and Battery! Usually an arrest and a criminal charge, though most likely a misdemeanor!

2006-12-06 08:52:04 · answer #4 · answered by cantcu 7 · 0 0

Pretty gguilty of a violent crime, it is against the law to lay hands on anyone who doesn't say it is ok. The girl who did it will probibly get arrested and get charged with battery or assult.

2006-12-06 08:42:19 · answer #5 · answered by Free & Sassy 4 · 0 0

I would call that assualt and battery. If the facts are as straight forward and simple as you present them, I don't see a problem with getting a conviction. There may also be grounds for a civil law suit, seeking monetary compensation.

2006-12-06 08:40:43 · answer #6 · answered by FrederickS 6 · 1 0

It would be physical hurt. Don't think this is a jailable offence. A fine may be imposed. However, since there are witnesses, she may have a strong case than only a warning be issued.

2006-12-06 08:45:47 · answer #7 · answered by SingGirl 4 · 0 0

That's called assault.

2006-12-06 08:47:23 · answer #8 · answered by jude89 3 · 0 0

Assault and battery. Maybe probation if its the first offense.

2006-12-06 08:38:54 · answer #9 · answered by smartypants909 7 · 2 0

Assault and battery.

Possible felony conviction with jail time, if intent to do bodily harm is proven.

2006-12-06 08:41:35 · answer #10 · answered by senior citizen 5 · 1 0

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