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WT: Taylor case may change


spanishomelette

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the article is basically saying the case could just be dissmissed.

If you know anything about how our justice system works, lawyers always continue cases over and over again b/c of lack of evidence or the defense wanting the case to be dissmissed.

Sean is fine, hes not going to get in any trouble hes got good lawyers. Money talks

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I have absolutely NO reason to doubt your legal definition of assault. But, the application of assault by the people doing the charging don't always match the legal definition. Taylor, undoubtedly pulled up hard on some guys he thought stole his stuff, pointed a gun and said, "You'd better let me know where my stuff is." Perhaps more colorfully. Then, later, he drove back and got into some fisticuffs without a gun, which is simple battery.

Maybe that's aggravated assault. Maybe it isn't. Point being, hearing the charge might make you think something very bad happened, when, in reality, something fairly typical -- a man demanding his stuff back from someone who took it -- happened.

absoulutely, i totally understand your point. i just wanted to through the definition out there for everyone since this is quite a hot topic among skins fans right now.

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That just makes me laugh. Holding a fist in an insulting manner can be assault. Laws amuse me :0.

Like I said, the common law definition of assault is very broad, and also subjective. If you make a fist to Sean Taylor he may not feel any apprehension of physical harm, but if you were to do the same to an old lady, she probably would.

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I think it sounds like the DA knows he doesn't have a case and he's trying to bargain to save face. When he says the whole case is on the table I assume that to mean they're going to work out a guilty plea to a charge that doesn't carry the mandatory jail time. I think this is good news.

I agree. They had already changed the charges to be pretty much the maximum they could. It seems like it was a ploy to try and get Taylor to cave in. I would imagine any changes now would have to be for lesser charges.

Probably a sign that the case against him is pretty weak. No physical evidence, witness testimony from felons vs. a famous public figure with no criminal record who has another witness on his side with no criminal record.

I think they are probably relying on some statements Taylor made to them initially.

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washington times needs to do better with their article choice...

theyre all pretty much like this:

"Sean Taylor SPEAKS ABOUT DETAILS OF CASE"

- Sean Taylor said yesterday that "he thinks the case will prove him innocent of charges". Futhermore, he is optimistic about playing next season for a full 16 games. "Yeah, I think it will happen" he said.

(Details about case that weve already read 100 times)

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Good point Art, the ol lady comparison. So was it really assualt or just what some one else said, who's not even threatened by the wave of a gun if he(Taylor) even had one. But yeah, smoke filled, cofee, house BS. Sean's a multi millionair and he's having fun doing it, he's very fan friendly, he doesn't bother anybody and he ain't gone change...get use to it!

I wish they would just leave Sean alone. He's just a super star who entertains the world thats all. He's a Super Star! He kissed our baby during training camp last year and after the San Fran game he pulled his Range Rover just to say hi...No, that don't make him better, but its better than what most do. Hey, the man's a flat out Super Star and the best in the universe!

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Many people in Md. misunderstand the difference between assault and battery ever since the legislature abandoned the common law definitions and created statutory assault. In Md. we no longer have the crime of battery, the common law crimes of assault and battery were merged into the statutory crimes of first degree assault and second degree assault.

Under the common law, battery is an offensive touching. If I poke you with my finger, that is battery. If I hit you upside the head with a tire iron, that is battery.

There are two things that are considered common law assault. One is intentional creation of apprehension. Apprehension is different from fear, you don't have to be afraid of the person for that person to have assaulted you. If someone is 5'0" and weighs 125 lbs walked up to a bodybuilder shook a fist at him and threatened him, that is assault, even if the bodybuilder was not afraid.

The other type of assault is attempted battery. If I take a swing at you and miss you completely, I have just committed an assault. Had that punch landed, it would have been battery.

And for the record I graduated law school in December and am currently awaiting the results from my bar exam.

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Like I said, the common law definition of assault is very broad, and also subjective. If you make a fist to Sean Taylor he may not feel any apprehension of physical harm, but if you were to do the same to an old lady, she probably would.

by definition, assault is nothing more than showing a threat of violence. battery is the use of force.

Ex: there was a case when a hockey player was walking off the ice at the end of a period, and another hockey player who he'd been scuffling with slashed him on the back of the neck (as the player was just walking off) and broke it. the attacking player was charged with battery, not assault, as the victim player did not understand that their was a threat.

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Many people in Md. misunderstand the difference between assault and battery ever since the legislature abandoned the common law definitions and created statutory assault. In Md. we no longer have the crime of battery, the common law crimes of assault and battery were merged into the statutory crimes of first degree assault and second degree assault.

Under the common law, battery is an offensive touching. If I poke you with my finger, that is battery. If I hit you upside the head with a tire iron, that is battery.

There are two things that are considered common law assault. One is intentional creation of apprehension. Apprehension is different from fear, you don't have to be afraid of the person for that person to have assaulted you. If someone is 5'0" and weighs 125 lbs walked up to a bodybuilder shook a fist at him and threatened him, that is assault, even if the bodybuilder was not afraid.

The other type of assault is attempted battery. If I take a swing at you and miss you completely, I have just committed an assault. Had that punch landed, it would have been battery.

And for the record I graduated law school in December and am currently awaiting the results from my bar exam.

Well it's a good thing for you that there are more experienced lawyers on this board to back you up! Good luck on the bar. :dj:

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Many people in Md. misunderstand the difference between assault and battery ever since the legislature abandoned the common law definitions and created statutory assault. In Md. we no longer have the crime of battery, the common law crimes of assault and battery were merged into the statutory crimes of first degree assault and second degree assault.

Under the common law, battery is an offensive touching. If I poke you with my finger, that is battery. If I hit you upside the head with a tire iron, that is battery.

There are two things that are considered common law assault. One is intentional creation of apprehension. Apprehension is different from fear, you don't have to be afraid of the person for that person to have assaulted you. If someone is 5'0" and weighs 125 lbs walked up to a bodybuilder shook a fist at him and threatened him, that is assault, even if the bodybuilder was not afraid.

The other type of assault is attempted battery. If I take a swing at you and miss you completely, I have just committed an assault. Had that punch landed, it would have been battery.

And for the record I graduated law school in December and am currently awaiting the results from my bar exam.

Damn ! there you go man, kill them jokers. Wow ! That was written well, in-sightful and very salient. I'll just sit through my lunch and read this stuff, this is juicy! Thanks.

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by definition, assault is nothing more than showing a threat of violence. battery is the use of force.

See my post above, in Fla., there is more to assualt than that - there has to be a threat to use violence, a reasonable apprehension that the threat can be carried out AND an act that shows that shows the fear to be well founded. That is a lot more than just showing a threat (or just yelling bad words).

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Unless he is fully aquitted, not plea bargin, the NFL will probably still suspend him.

Thanks for the comment man, but uh? Why would they punish him for conduct detremental to the league. I mean if acquited are there stipulations concerning written agreements in his contract that violates whats commonly acceptable behavior for the NFL. Gee I don't know, I don't think Tags would do that.

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Thanks for the comment man, but uh? Why would they punish him for conduct detremental to the league. I mean if acquited are there stipulations concerning written agreements in his contract that violates whats commonly acceptable behavior for the NFL. Gee I don't know, I don't think Tags would do that.

Disregard, you said fully acquited. Oh but don't think he hired a team of layers to go plea bargain...uh, uh its all or nothing on this one. But Sean will be okay.

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And for the record I graduated law school in December and am currently awaiting the results from my bar exam.

waiting for bar results was torture, i hope you passed! :cheers:

i assume it was the md bar. interested in civil or criminal?

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Yeah, that's a good one. I think the closest anyone came to playing the FS like Sean is Tatum, but I think he played SS?

Yeah, I don't know what Tatum played. But, Sean Taylor is our boy...His defense team will take care of what needs to be taken care of.

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Really this artcile has no meaning.

In South Florida today according to official sources...nothing actually happened.

One thing that didn't officially happen was Sean Taylors charges were not offically

changed and offically nothing was written in the Times that was of any actual use.

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Many people in Md. misunderstand the difference between assault and battery ever since the legislature abandoned the common law definitions and created statutory assault. In Md. we no longer have the crime of battery, the common law crimes of assault and battery were merged into the statutory crimes of first degree assault and second degree assault.

Under the common law, battery is an offensive touching. If I poke you with my finger, that is battery. If I hit you upside the head with a tire iron, that is battery.

There are two things that are considered common law assault. One is intentional creation of apprehension. Apprehension is different from fear, you don't have to be afraid of the person for that person to have assaulted you. If someone is 5'0" and weighs 125 lbs walked up to a bodybuilder shook a fist at him and threatened him, that is assault, even if the bodybuilder was not afraid.

The other type of assault is attempted battery. If I take a swing at you and miss you completely, I have just committed an assault. Had that punch landed, it would have been battery.

And for the record I graduated law school in December and am currently awaiting the results from my bar exam.

I'll wait to hear the results of your exam before I decide how much credence to put to your post. :D

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Disregard, you said fully acquited. Oh but don't think he hired a team of layers to go plea bargain...uh, uh its all or nothing on this one. But Sean will be okay.
i also have a teams of layers - they get it done! ;)

Thanks for the feedback, but I ask that you quote the substance of my message. Your reference to my quote looks like I was criticizing Sean for hiring a team of layers, but if you place my entire quote or the substance of my quote in your message then its plain to see that I was relaying of how good a move hiring a team of lawyers was. So quote what you want to convey. This is a board that has high visibility and you never know who's up on the net. Thanks.

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