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Did he “assault” driver 2, as you now understand that term?

by | Nov 10, 2022 | Criminal Justice | 0 comments

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Week 10 Discussion
After reading Chapter 11 and the Required Resources please answer the following:
What constitutes an assault? Take a look at the links below. What did the videos show? How is this (second video) type of assault different than the others?

https://www.cnn.com/videos/us/2019/07/27/baltimore-police-employee-assault-caught-on-camera-bpb-orig-vpx.cnn

Please utilize all that you have read this week and analyze and answer the following:
“Road rage” by itself is not a crime. It can, of course, lead to violence that would be a crime. However, it is not always easy to determine who was the “victim” and who was the “aggressor” in road rage cases, though that is often necessary to find criminal violations. What should happen in this case:
Driver 1 cuts off Driver 2, and Driver 2 “tailgates” Driver 1.
Driving beside Driver 1’s car, Driver 2 pulls up next to Driver 1 and (according to passengers in Driver 1’s car) waves a gun in the air.
Driver 1 stops at the next stop light, exits his car, and pulls out a handgun which he holds by his side while standing next to Driver 2.
When the light changed, Driver 1 returned to his car and drove away, followed by Driver 2, who called 911.
Driver 1 was charged with aggravated assault with a deadly weapon.
Should he be convicted? Did he “assault” Driver 2, as you now understand that term? If so, what are his defenses? What does State v. Almeida, 356 P.3d 822 (Az. App. 2015) say about this?

 

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