Felony assault charge

Returntosender

Well-Known Member
You won't be charged with a 2nd degree assault if you were defending yourself/ family member, etc. He obviously cares more about acting a fool, then his occupation, and that's his right. It's also his right to be removed from the general public, and stay in a controlled environment like a UPS facility to load/unload trucks. Let a more "level headed" individual take his previous driving position, and the law abiding citizens can feel that much more safer.


[SIZE=+1]Assault, second degree, penalty. [/SIZE]

565.060. 1. A person commits the crime of assault in the second degree if he:
(1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or
(2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or
(3) Recklessly causes serious physical injury to another person; or
(4) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause physical injury to any other person than himself; or
(5) Recklessly causes physical injury to another person by means of discharge of a firearm; or
(6) Operates a motor vehicle in violation of subsection 2 of section 304.022, and when so operating, acts with criminal negligence to cause physical injury to any person authorized to operate an emergency vehicle, as defined in section 304.022, while such person is in the performance of official duties.
2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section. 3. Assault in the second degree is a class C felony.
 

Nimnim

The Nim
We don't know what state the OP is in so we don't know the exact statute used, they may be fairly similar but there's always a chance they've got a portion that makes it easier to fall into that category.

(3) Recklessly causes serious physical injury to another person; or

This part here is vague enough to include say not paying attention riding a bike and taking someone out.

Heck,
(1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or

fits the guideline of walking in on a man sleeping with your wife and you attack.

On top of all this we don't even know what the OP actually did to be charged. Until we get more details it's fairly senseless to attempt to convict the OP in this public forum.
 

TR0LL

Active Member
yeah.... my status on a message board means everything to me.
Anyways, I still believe violent individuals have no place interacting with our customers
 

UPSGUY72

Well-Known Member
THE OP made a bad decision. Hopefully he learns from his mistake and makes better choices in the future whether or not he is still working at UPS.
 

wannab

Member
I do not have any priors on my record nor do i have a history of violent behavior. Married with a family. I don't want to get into the details of what happened but mistakes happen. Some worse than others. I'm human. I don't lead a perfect life and never will.

Troll sorry for beating you up. Please don't take it personally. Maybe we can become friends?
 

TR0LL

Active Member
To upsguy,

Agreed, I think loading trucks for 3-5 hours a day should motivate him to make better choices from here on out.
 

TR0LL

Active Member
I do not have any priors on my record nor do i have a history of violent behavior. Married with a family. I don't want to get into the details of what happened but mistakes happen. Some worse than others. I'm human. I don't lead a perfect life and never will.

Troll sorry for beating you up. Please don't take it personally. Maybe we can become friends?

Of course you don't want to go into detail, you know you done wrong. And personally, I hope you get fired, there's a more deserving man who is much more calmer that can take your route. I don't believe in second chances, but punishments. Act like a child, and be punished like one. May you never see $28.20 an hour, or whatever the hell you're making. And your whole line just sounds like you didn't learn and will do it again without remorse. You prey on people's compassion and take advantage of them. Shame on you! It's Christmas!
 

TR0LL

Active Member
The only way that he is going back to loading cars is if he loses his license.

That's the one bad thing I disagree with with the unions, they make it sooooo hard for a company to fire a ***************.
 
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TR0LL

Active Member
If you don't like the union quit and go get another job FEDEX isn't union go join.

Socks is that you?

What? I support all my union brothers and sisters, I just said I didn't agree with the fact that they make it so difficult for a company to fire slow, incompetent retards or violent offenders...
 

UPSGUY72

Well-Known Member
What? I support all my union brothers and sisters, I just said I didn't agree with the fact that they make it so difficult for a company to fire slow, incompetent retards or violent offenders...

I sure union has saved your job atleast once it not more especially with an attitude like yours.
 
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