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fakeyc t1_jag2mfb wrote

Can't wait until angry Karens get caught up in this law and become felons because a retail clerk refuses to check the back for a sweater! 😄

More seriously, this seems okay. Why isn't every assault against any person a felony?

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AceContinuum t1_jag5dru wrote

How many "angry Karens" have physically assaulted store clerks and gotten away with it? Usually the "angry Karens" are loud, rude and obnoxious, but they don't tend to start throwing punches. And in the exceptions where they got physically violent, they were arrested and charged (correctly so).

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RyuNoKami t1_jagox9v wrote

being loud and obnoxious was fine...having things being thrown at you is not. FUCK YOU LADY. THATS NOT EVEN OUR RECEIPT!

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NetQuarterLatte t1_jag49l8 wrote

I think the stereotypical example is two drunks getting into a bar fight that escalated into them assaulting each other, and that putting them behind bars for 7 years would be excessive.

Edit: There's a lot of confusion about what's assault in NY law.

Two drunks just yelling and threatening each other, or even punching each other won't necessarily be enough to qualify as assault under NY Law. But if they both pull out a knife and stab each other leading to bleeding and hospitalization (intentionally causing physical injury), then that could be a misdemeanor assault.

It will only become a felony assault if the injury is serious, like with a permanent loss of an organ or limb. For example, if one them gets stabbed in the eye and loses vision, then that could qualify as felony assault.

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LearnProgramming7 t1_jagbpqb wrote

The felony charge could be limited to: (1) premeditated and intentional assault against retail employees; and/or (2) aggravated assault (i.e., assault beyond pushing, non-harmful touching, etc.) committed in furtherance of theft.

That would probably give a good middle ground to avoid disproportional sentences while also still addressing the issue the bill seeks to address.

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NetQuarterLatte t1_jagsge3 wrote

That’s not really needed.

For example, people who are just stealing food to feed their family aren’t going to be assaulting anyone.

In fact, I believe if they just ask nicely or be nice about it, most retail employees would find a way to give them some food or look the other way.

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Redemptionxi t1_jaq4o7j wrote

Anytime you use a dangerous weapon/instrument and cause any physical injury, it's an automatic Assault 2, doesn't have to be serious physical injury. Serious physical injury only applies by striking someone, etc.

You can't stab someone and get a DAT with assault 3 lol. But yes, as to your two drunks example, you could punch someone and only get charged with harassment.

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