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UC student who stole 'MAGA' hat in viral video could face felony charges

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+27 more 
posted on Oct, 6 2017 @ 04:29 PM
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There was a thread here on ATS about this event.
Prior ATS Thread (for context): "But you LOOK white!"

This is a follow-up to that story.



A college student in California who says he was assaulted by a classmate for wearing a ‘MAGA’ hat on campus said he plans to file criminal charges against his attacker.


Vitale alerted authorities after the incident but declined to press charges because campus police told him it would only be a misdemeanor. But then Macias posted a bizarre, profanity-laced “SnatchAHat” video online, which eventually went viral, that showed her physically removing the hat from his head – and then verbally attacking him for promoting “genocide.” By showing that she took it off his person, the crime rose to the level of felony, Vitale said campus police told him.

Source: UC student who stole 'MAGA' hat in viral video could face felony charges

I sure hope he follow through with the charges. This type of behavior she exhibited needs to be stopped. And shown that assault is not free speech, by ANYONE.



edit on 10/6/2017 by Krakatoa because: added ATS thread link


+16 more 
posted on Oct, 6 2017 @ 04:31 PM
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a reply to: Krakatoa

Ohhhh perfect.
I remember the thread and video.
Throw the book at that freaking retard.



posted on Oct, 6 2017 @ 04:35 PM
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So, the guy had a medical emergency because his hat was removed?


The definition of Felony Assaults in California

In contrast to simple or misdemeanor assault, felony assault considers more serious and logical harms. This type of incident encloses physical contacts and brings forward medical emergency necessities. Equally, its charges and punishment are more severe. Felony assault California punishment standard penalty takes 16 months to 3 years. Alongside felony, assault charge catches up to $2,000 and its sentencing takes place at the state court.

5 basic types of felony assault in California are:

Battery assault
Domestic violence act
Felony assaults with a deadly weapon
Threatening to strike a person with any dangerous object
Shooting or just pointing a gun at the victim
Robbery or rape
Assault with strangulation
Violence against the police officer, healthcare provider, social services worker, disabled or elderly person.

margarianlaw.com...

edit on 10/6/2017 by Phage because: (no reason given)



posted on Oct, 6 2017 @ 04:36 PM
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Thats some good justice to send me off into the weekend...

CYA racist freak!


+17 more 
posted on Oct, 6 2017 @ 04:40 PM
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originally posted by: Phage
So, the guy had a medical emergency because his hat was removed?


The definition of Felony Assaults in California

In contrast to simple or misdemeanor assault, felony assault considers more serious and logical harms. This type of incident encloses physical contacts and brings forward medical emergency necessities. Equally, its charges and punishment are more severe. Felony assault California punishment standard penalty takes 16 months to 3 years. Alongside felony, assault charge catches up to $2,000 and its sentencing takes place at the state court.

5 basic types of felony assault in California are:

Battery assault
Domestic violence act
Felony assaults with a deadly weapon
Threatening to strike a person with any dangerous object
Shooting or just pointing a gun at the victim
Robbery or rape
Assault with strangulation
Violence against the police officer, healthcare provider, social services worker, disabled or elderly person.

margarianlaw.com...



Hi phage, I don't believe that it says it is only a felony if it causes a medical emergency. That would be contradicted by the list at the bottom which also includes "Threatening to strike a person with any dangerous object" and "just pointing a gun at the victim" as neither of these would cause a medical emergency either (unless it induced a heart attack or something)

ETA: I do think a felony charge seems a little excessive for simply removing someone's hat. However, I would be glad to see some kind of consequences as I don't think the kind of behaviour she engaged in is acceptable at all, regardless of how justified she felt.
edit on 6-10-2017 by Indrasweb because: (no reason given)


+10 more 
posted on Oct, 6 2017 @ 04:41 PM
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originally posted by: Phage
So, the guy had a medical emergency because his hat was removed?


The definition of Felony Assaults in California

In contrast to simple or misdemeanor assault, felony assault considers more serious and logical harms. This type of incident encloses physical contacts and brings forward medical emergency necessities. Equally, its charges and punishment are more severe. Felony assault California punishment standard penalty takes 16 months to 3 years. Alongside felony, assault charge catches up to $2,000 and its sentencing takes place at the state court.

5 basic types of felony assault in California are:

Battery assault
Domestic violence act
Felony assaults with a deadly weapon
Threatening to strike a person with any dangerous object
Shooting or just pointing a gun at the victim
Robbery or rape
Assault with strangulation
Violence against the police officer, healthcare provider, social services worker, disabled or elderly person.

margarianlaw.com...


It likely falls under "Robbery or rape", since she did rob him of his personal possession. And, when asked to have it returned, she openly refused, with witnesses present. And, he has video of her assault of removing it from his head.


+14 more 
posted on Oct, 6 2017 @ 04:45 PM
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Oh, there's more instanity in the article too.


Some students on campus started a “Statement of Solidarity with Edith Macias.” The statement claims free speech has been “used as a dog whistle for the protection of white supremacist violence in the University of California system and elsewhere.”

The statement also claims that Macias has been “doxxed” and “harassed,” and they demand the university pay Macias’ rent, grant her amnesty, cover her legal fees, condemn white supremacist violence, and support a sanctuary campus.
(emphasis mine)

This group wants her REWARDED for that outrageous behavior. And to get a free life package to boot.

Wow, the cajones on these people.



edit on 10/6/2017 by Krakatoa because: (no reason given)


+2 more 
posted on Oct, 6 2017 @ 04:45 PM
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Tucker nails it.



posted on Oct, 6 2017 @ 04:45 PM
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Removing a hat from someone's head is assault?

Damn, and I thought the liberals were the snowflakes.

I can see it as being a theft, but assault?


+7 more 
posted on Oct, 6 2017 @ 04:47 PM
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originally posted by: introvert
Removing a hat from someone's head is assault?

Damn, and I thought the liberals were the snowflakes.

I can see it as being a theft, but assault?


Legally, it can be argued as assault. She did physically touch hm in the process, and done with malice of thought.



posted on Oct, 6 2017 @ 04:47 PM
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a reply to: Krakatoa
In which case the charge would be robbery in the second degree, not assault.
statelaws.findlaw.com...


edit on 10/6/2017 by Phage because: (no reason given)



posted on Oct, 6 2017 @ 04:48 PM
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Felony, lol.

What a snowflake to press charges for such a small slight.


She is a racist dickhead though, so ultimately I couldn’t care less.



posted on Oct, 6 2017 @ 04:50 PM
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originally posted by: Krakatoa

originally posted by: introvert
Removing a hat from someone's head is assault?

Damn, and I thought the liberals were the snowflakes.

I can see it as being a theft, but assault?


Legally, it can be argued as assault. She did physically touch hm in the process, and done with malice of thought.


Ok. And you find that to be reasonable? Over a hat?

Like I said, a simple theft charge would be reasonable, but assault seems a bit extreme.



posted on Oct, 6 2017 @ 04:50 PM
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originally posted by: Phage
a reply to: Krakatoa
In which case the charge would be robbery, not assault.



It seems to include robbery as part of the assault as I read it at the link you provided. The assault is a misdemeanor, unless robbery is added as part of that assault, then it jumps to felony status. The addition of the robbery aspect provides that escalation in potential charge.


+5 more 
posted on Oct, 6 2017 @ 04:51 PM
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originally posted by: introvert

originally posted by: Krakatoa

originally posted by: introvert
Removing a hat from someone's head is assault?

Damn, and I thought the liberals were the snowflakes.

I can see it as being a theft, but assault?


Legally, it can be argued as assault. She did physically touch hm in the process, and done with malice of thought.


Ok. And you find that to be reasonable? Over a hat?

Like I said, a simple theft charge would be reasonable, but assault seems a bit extreme.


The assault is her ripping the hat from his head as I understand it. And, since when is the law always "reasonable"?


+5 more 
posted on Oct, 6 2017 @ 04:53 PM
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a reply to: Krakatoa

Man # your laws homeboy, freedom of speech is racist esé.

I think she pretty much summed up everything wrong with modern mainstream liberalism.



posted on Oct, 6 2017 @ 04:54 PM
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originally posted by: Krakatoa

originally posted by: introvert

originally posted by: Krakatoa

originally posted by: introvert
Removing a hat from someone's head is assault?

Damn, and I thought the liberals were the snowflakes.

I can see it as being a theft, but assault?


Legally, it can be argued as assault. She did physically touch hm in the process, and done with malice of thought.


Ok. And you find that to be reasonable? Over a hat?

Like I said, a simple theft charge would be reasonable, but assault seems a bit extreme.


The assault is her ripping the hat from his head as I understand it. And, since when is the law always "reasonable"?



Was he hurt in the process? Did she strike him or did she simply take the hat off of his head?

And I did not ask you if the law was reasonable. I asked if you thought it was reasonable for someone to be charged with assault for taking someone's hat off their head.



posted on Oct, 6 2017 @ 04:54 PM
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a reply to: Krakatoa
Touching a person does not constitute assault.

The California Penal Code defines assault as an "unlawful attempt" to cause a "violent injury on the person of another" -- assault is often described as an attempt to commit a battery.
statelaws.findlaw.com...


Robbery in the second degree. Not a felony.




edit on 10/6/2017 by Phage because: (no reason given)



posted on Oct, 6 2017 @ 04:55 PM
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If this is the case, shouldn't every police officer who does an illegal search be charged with assault.



posted on Oct, 6 2017 @ 04:59 PM
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a reply to: introvert


I am not aware of the minutia of the details of the assault. It is possible in removing the hat, she ripped out some of his hair too. THat could be construed as fitting the charge. However, it would be up to the justice system to make that judgement.

As for my personal opinion, I don't agree. This seems closer to a misdemeanor to me. But, the fact that he is pressing charges does make me feel better that at least her behavior will be judged in a court (unless a settlement is done with the university, with them covering her tab).



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