My daughter is 17, was hit in the shoulder by a man who is 36 or 37.. they just charged him with a 4th degree assault... do you th ink he should be charged with a 1st degree assault or 4th degree assault...
by 
shelly40330
ANSWERS: 6
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You have to give more details. Where they dating? Did he just walk up out of the blue and hit her (a stranger)? Did it leave a mark? You would almost never be able to have a 1st or 2nd degree charge brought up on him because there has to be a visible dangerous weapon present and used. They should be charging him with 3rd degree assault thought(Third degree assault is charged when a person assaults another and inflicts substantial bodily harm or assaults a minor. This offense carries with it a penalty of imprisonment for not more than five years and payment of a fine of not more than $10,000.) But for example if a person is beeing arrested by an officer of the law and punches him/her, it would only be a 4th degree assault charge. In conclusion, like I said it would be almost impossible for hime to be charged with anything more then a 3rd degree charge...Hope this helped a bit, and hope all is well with your daughter.
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That depends on what he did, what she was doing, whether it was deliberate or negligence, etc. Prosecutors have specific guidelines which direct what charges are to be filed.
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depends.
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I think you should break his elbow in half.
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You are ignorant.
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The way you have described it, it is a misdemeanor, which is often described as 4th degree assault, and I'll assume that is so in your jurisdiction. But...no one here can truthfully tell you the answer to your question or even pose a reasonable opinion. They have to guess too much. They have to guess: what happened to your daughter after she was hit, whether she bled, bruised, dislocated her shoulder or giggled. They have to guess what the elements of the crime of a 4th degree assault are in your jurisdiciton and what the elements of a 1st degree assault are. (By the way, first degree assaults can find the victims nearly dead.) It also doesn't matter. AB will not change anything for you. If you really have concerns and you want things addressed, call the prosecutor. They are the only person who can do anything about your concerns.
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