phill4paul
Member
- Joined
- Dec 18, 2007
- Messages
- 46,967
The sentence states depending on the severity. (It can be up to 25 years in some)
The worst Boucher could be charged with is assault in the second under KY law. 5-10 yrs.
The sentence states depending on the severity. (It can be up to 25 years in some)
The worst Boucher could be charged with is assault in the second under KY law. 5-10 yrs.
Paul’s newly-reported, more serious injuries could lead the state prosecutors to charge Boucher instead with the more-serious felony assault. The difference is punishment is massive. The misdemeanor assault carries a maximum term of a year of confinement, while a felony assault conviction carries a minimum of five and a maximum of ten years.
Could Boucher be charged with a federal crime? Ordinarily, an assault on an ordinary citizen does not involve federal law. But Paul is a U.S. senator, and federal law criminalizes assaults on members of Congress. Lesser assaults, like throwing a punch without landing the blow, or a slap that doesn’t injure, are punishable by one year of imprisonment and a fine.
Assaults that result in any personal injury are punishable by up to ten years of imprisonment.
There is no constitutional barrier to a federal assault prosecution of Boucher just because he’s being prosecuted in state court. This is because prosecutions by different sovereigns (the state and federal government) do not implicate the double jeopardy clause. But, a Department of Justice policy called the “Petite Policy” generally prohibits federal prosecution of a defendant following a state prosecution for the same act unless U.S. attorneys believe a federal crime was committed, and there is a substantial federal interest that the state prosecution failed to vindicate.
Federal prosecutors could easily conclude that a state prosecution for assault does not vindicate the different federal interest of protecting senators, and deterring attacks on public servants.
If prosecuted and convicted by both federal and state authorities, Boucher could face two different maximum sentences of ten years.
The more things you want to call terrorism, the bigger the police state we need to monitor and deal with them. Are you willing to go in that direction?
"This person just criticizes a politician on the internet- potential terrorist threat! We must carefully monitor them and everybody they communicate with. Dig deeply into their background!"
Why are you repeating exactly what I just told you?
It could be double what you said.
Go read post #521 and #522. It's only a coupla posts back. WTF? are you talking about? I said 5-10 years. You posted an article stating 5-10 years. You're smoking some strange $#@! tonight.
If prosecuted and convicted by both federal and state authorities, Boucher could face two different maximum sentences of ten years.
Read the last line.
Tonight you were unlucky,I'm done with you for tonight.![]()
And you edited your original post to make it appear that you were referring to a state + Fed charge when your original post referred to nothing of the sort. I was replying to your original post, as quoted in full in my response. Christ, I'm done with you for tonight.![]()
Neighbors fighting is a "terrorist attack"?
In my original post I did mistakenly say that the sentence could be life for felony assault in some states.
Neighbors said they heard the guy screaming that Mexicans are supposed to mow lawns next you are going to make your own tacos before pushing him off.
When you are in politics, you have to expect caricatures. Usually nasty and unflattering.
The left wants to justify the violence as necessary as a means to achieve their goal.
According to the author, this was not the original publication of this article, and the headline and cartoon would not have been approved...
https://twitter.com/vpostrel/status/929840348700037120
The title of the original is different. The text is mostly the same, except the people who republished (@PressHerald) left out a self-quoted paragraph about standards and style. Here it is:
https://twitter.com/vpostrel/status/929840753391517697
Liberal racism crops up again: Mexicans are supposed to mow grass. (and blacks are supposed to pick cotton?)