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Why wasn't Gianforte charged with Felony Assault?

independentusa said:
What Are Examples of Felonies and Misdemeanors?

Everything I have read says he should have been charged with felony assault rather than misdemeanor assault that he was charged with. Maybe because the sheriff in charge actually donated to Gianforte's campaign.
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Oh, I'm so glad you asked. Let me clear this up for you: If you're poor and powerless, it's obviously a felony. If you're rich and powerful, it's clearly a misdemeanor. Therefore, if you physically assault a reporter, you will go to jail. But if you physically assault a reporter the night before an election, well clearly you get to win the election and only get charged with a misdemeanor.

Way to go, Montana. Top marks.
 
independentusa said:
Everything I have read says he should have been charged with felony assault rather than misdemeanor assault that he was charged with.
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You should have started your reading with the actual statutes. Felony assault causes serious bodily injury. This didn't even approach felony assault.
 
he was prolly sucking the sheriff's wing wang .............
 
independentusa said:
What Are Examples of Felonies and Misdemeanors?

Everything I have read says he should have been charged with felony assault rather than misdemeanor assault that he was charged with. Maybe because the sheriff in charge actually donated to Gianforte's campaign.
Click to expand...
While it depends on the statutes, my guess is the following factors were involved.

1) No weapons were used

2) The assault did not result in a serious injury

I'd also assume that if the prosecutor thinks it's warranted, the charge can be upped to a felony.
 
Visbek said:
While it depends on the statutes, my guess is the following factors were involved.

1) No weapons were used

2) The assault did not result in a serious injury

I'd also assume that if the prosecutor thinks it's warranted, the charge can be upped to a felony.
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The problem is his "liberal reporter" lies imply a hate crime:

Hate Crimes Sentence Enhancement

Assaulting a victim because of his race, creed, religion, color, national origin, or involvement in civil rights or human rights activities can add two (and up to ten) years in prison to an existing assault prison sentence.
(Mont. Code Ann. § 45-5-222.)
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Montana Aggravated Assault Laws: Penalties and Sentencing | Criminal Law
 
independentusa said:
What Are Examples of Felonies and Misdemeanors?

Everything I have read says he should have been charged with felony assault rather than misdemeanor assault that he was charged with. Maybe because the sheriff in charge actually donated to Gianforte's campaign.
Click to expand...

maybe you are reading the WRONG things?

Simple assault or battery is the least serious form of assault or battery, usually involves minor injury or a limited threat of violence, and is a misdemeanor. Felony assault or battery (also referred to in some states as aggravated assault or battery) involves circumstances that make the crime more serious, as when the victim is threatened with or experiences significant violence amounting to substantially more than a minor slap across the face or a punch in the jaw.

Examples of felony assault or battery include:
striking or threatening to strike a person with a weapon or dangerous object
shooting a person with a gun or threatening to kill someone while pointing a gun at the victim
assault or battery with the intent to commit another felony crime such as robbery or rape
assault or battery resulting in serious physical injury, including permanent disfigurement
assault (threat of violence) while concealing one’s identity, and
assault or battery against a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person.

Felony Assault & Battery Laws and Penalties | Criminal Law
 
independentusa said:
What Are Examples of Felonies and Misdemeanors?

Everything I have read says he should have been charged with felony assault rather than misdemeanor assault that he was charged with. Maybe because the sheriff in charge actually donated to Gianforte's campaign.
Click to expand...

NO ONE gets charged with Felony Assault for a FIRST OFFENCE pushing someone to the ground

A lot of BLM people have gotten away with looting etc
 
If he had knocked him unconscious during the slam or the punches, and he had suffered a concussion; would that be a felony?
 
countryboy said:
Wait, calling someone a lib is a hate crime? Give. Me. A. ****ing. Break. :roll:
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This "liberal reporter"s sole crime is asking a question about his views on healthcare. Do you realize that healthcare has a relationship to human rights and civil rights?
 
Absentglare said:
This "liberal reporter"s sole crime is asking a question about his views on healthcare. Do you realize that healthcare has a relationship to human rights and civil rights?
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Like I said, give me a break. Not a hate crime.

As a hilarious aside, Gianforte won the seat. :lamo
 
countryboy said:
Like I said, give me a break. Not a hate crime.

As a hilarious aside, Gianforte won the seat. :lamo
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His justification for his assault was that the recipient was a "liberal reporter".

That's a group that he hates, probably for two reasons, notably a group that fights for human rights and civil rights, that he explicitly cited in his justification.

I'm going by Montana law. Did you read the link?
 
Absentglare said:
His justification for his assault was that the recipient was a "liberal reporter".

That's a group that he hates, probably for two reasons, notably a group that fights for human rights and civil rights, that he explicitly cited in his justification.

I'm going by Montana law. Did you read the link?
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No you're not, you're going by what you wish the law were. Where you could jail everyone who disagrees with your Marxist views. Sorry, not today. Try harder.
 
Absentglare said:
This "liberal reporter"s sole crime is asking a question about his views on healthcare. Do you realize that healthcare has a relationship to human rights and civil rights?
Click to expand...

You can't be serious.
 
FieldTheorist said:
Oh, I'm so glad you asked. Let me clear this up for you: If you're poor and powerless, it's obviously a felony. If you're rich and powerful, it's clearly a misdemeanor. Therefore, if you physically assault a reporter, you will go to jail. But if you physically assault a reporter the night before an election, well clearly you get to win the election and only get charged with a misdemeanor.

Way to go, Montana. Top marks.
Click to expand...

In Texas, there used to be (it might still be) a defense to homicide that was called "he just needed killing". It has been used successfully when the parent of a raped child shoots the rapist or a town asshole who caused massive amounts of what would be called minor league thuggery, got whacked in the middle of town and no one was "able" to remember who did the shooting. well maybe in this case, the reporter just needed an ass whipping
 
countryboy said:
No you're not, you're going by what you wish the law were. Where you could jail everyone who disagrees with your Marxist views. Sorry, not today. Try harder.
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Umm, it's not the disagreement, it's the assault and battery. Furthermore, his justification spelled out his intent, which loosely qualifies as a protected group under the hate crime law.
 
Mason66 said:
So why do you think this was a hate crime?

Why did you bold this?

involvement in civil rights or human rights
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I didn't say it is definitively a hate crime i am explaining that he gave away motive that could be used to argue a hate crime, and therefore felony assault.

Mason66 said:
You can't be serious.
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You can't be serious.
 
TurtleDude said:
In Texas, there used to be (it might still be) a defense to homicide that was called "he just needed killing". It has been used successfully when the parent of a raped child shoots the rapist or a town asshole who caused massive amounts of what would be called minor league thuggery, got whacked in the middle of town and no one was "able" to remember who did the shooting. well maybe in this case, the reporter just needed an ass whipping
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This is a disingenuous, ridiculous argument and you know it. Seriously, if we applied this rule for people we don't like, there wouldn't be any goddamn rule of law in the entire country. New Yorkers and Californians would get to punch Bill O'Rielly in the face, and Texans would get to punch Rachel Maddow in the face. Actually, it's worse than that because a lot of people would actually want to kill O'Rielly or Maddow (or, for that matter, Trump or Obama). So please come back to me with a serious argument, unless you really do want to live in that kind of a country.
 
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