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NetQuarterLatte t1_jag49l8 wrote

Reply to comment by fakeyc in Pols target NYC’s violent, repeat shoplifters with bill to protect retailer workers just like cops, firefighters by NYY657545

I think the stereotypical example is two drunks getting into a bar fight that escalated into them assaulting each other, and that putting them behind bars for 7 years would be excessive.

Edit: There's a lot of confusion about what's assault in NY law.

Two drunks just yelling and threatening each other, or even punching each other won't necessarily be enough to qualify as assault under NY Law. But if they both pull out a knife and stab each other leading to bleeding and hospitalization (intentionally causing physical injury), then that could be a misdemeanor assault.

It will only become a felony assault if the injury is serious, like with a permanent loss of an organ or limb. For example, if one them gets stabbed in the eye and loses vision, then that could qualify as felony assault.

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LearnProgramming7 t1_jagbpqb wrote

The felony charge could be limited to: (1) premeditated and intentional assault against retail employees; and/or (2) aggravated assault (i.e., assault beyond pushing, non-harmful touching, etc.) committed in furtherance of theft.

That would probably give a good middle ground to avoid disproportional sentences while also still addressing the issue the bill seeks to address.

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NetQuarterLatte t1_jagsge3 wrote

That’s not really needed.

For example, people who are just stealing food to feed their family aren’t going to be assaulting anyone.

In fact, I believe if they just ask nicely or be nice about it, most retail employees would find a way to give them some food or look the other way.

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Redemptionxi t1_jaq4o7j wrote

Anytime you use a dangerous weapon/instrument and cause any physical injury, it's an automatic Assault 2, doesn't have to be serious physical injury. Serious physical injury only applies by striking someone, etc.

You can't stab someone and get a DAT with assault 3 lol. But yes, as to your two drunks example, you could punch someone and only get charged with harassment.

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