Viewing a single comment thread. View all comments

AStaleCheerio t1_jec66fs wrote

Reply to comment by mulligansteak in Glenmont redline racist incident march 30th, 2023 by Key_Ad_7299

Not an assault but definitely threats.

0

mulligansteak t1_jec79kw wrote

Could go either way but simple assault is the likely charge. Threats in a menacing manner could probably be charged, it’s a long way down to the track bed, to say nothing of an approaching train. My money would be on simple assault.

21

AStaleCheerio t1_jec7yd8 wrote

It would be threats. MPD typically does simple assault for an actual physical assault, and threats in a menacing manner or threats to do bodily harm (misd), or threats to kidnap or injure a person (felony) for non-physical threats.

From my experience with metro-transit they usually do the same.

Edit: it would also be deemed a hate/bias crime, which would prompt notifying the liason and a detective.

8

mulligansteak t1_jec8bl5 wrote

Sounds like your experiences have been better than mine!

2

AStaleCheerio t1_jec8n7o wrote

It's not really a matter of better or worse, just explaining how the charges are typically applied, along with our notification policy. 👍

3

Snarfledarf t1_jecbzfl wrote

Why assault for physical assault, instead of battery? There's sort of a legal distinction here, no?

1

AStaleCheerio t1_jeckpke wrote

Because that's the charge. Simple assault is the charge for an assault.

2

borderlineidiot t1_jecsp0s wrote

Threats are assault. Battery are if the person carries out the threat:

Definition: "Assault is generally defined as an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact."

1

AStaleCheerio t1_jecuo00 wrote

In DC, for physical assaults that don't meet felonies and dont involve a weapon, we typically charge simple assault. For verbal threats or incidents like OP's, the charge would be misdemeanor threats, since no physical assault occurred and nothing about this meets the criteria for felony

Simple assault is not the charge we would use for this.

3