Ray Rice Arrested In Atlantic City After Physical Altercation (1 Viewer)

[KellysHeroes]

For those who are smarter than me, and it doesn't take much, can they still prosecute him to the fullest degree if she doesn't press charges? I guess at that point it would be the state, or the Revel vs. Ray Rice? Not sure how that stuff works.

oh yeah, sounds like thats what is happening.

 

[thriftyrocker]

I wonder if the fact that they charged him with aggravated instead of simple assault makes it harder to get a conviction. I assume if she didn't get knocked out it would have been simple assault. Easy to add doubt to whether she was knocked out, passed out, has a history of fainting, faking it to make him look bad, etc. I realize that is a stupid argument but in my defense I do watch a lot of tv.

 

[bengalbuck]

For those who are smarter than me, and it doesn't take much, can they still prosecute him to the fullest degree if she doesn't press charges? I guess at that point it would be the state, or the Revel vs. Ray Rice? Not sure how that stuff works.

In criminal court, it is always the state vs. an individual. Only in civil court is it 1 individual vs. another (suing for money, not jail time). So like with OJ, he was found not guilty in his criminal trial (murder). But he was sued by the Goldmans in civil court for money damages (wrongful death) and lost, so he had to pay them a lot of money.

In this case, his fiancé could go after him for financial damages and sue him in civil court, but she is not. That doesn't really impact the prosecutor who decides whether to pursue criminal charges.

In some cases, if the person harmed refuses to testify, then often the prosecution will have to drop charges due to lack of evidence. But if they have video or other eye witnesses, they do not need Rice's fiancé to cooperate and it doesn't much matter if she asks them to pursue charges or not.

 

[jmo87usc]

For those who are smarter than me, and it doesn't take much, can they still prosecute him to the fullest degree if she doesn't press charges? I guess at that point it would be the state, or the Revel vs. Ray Rice? Not sure how that stuff works.

In criminal court, it is always the state vs. an individual. Only in civil court is it 1 individual vs. another (suing for money, not jail time). So like with OJ, he was found not guilty in his criminal trial (murder). But he was sued by the Goldmans in civil court for money damages (wrongful death) and lost, so he had to pay them a lot of money.

In this case, his fiancé could go after him for financial damages and sue him in civil court, but she is not. That doesn't really impact the prosecutor who decides whether to pursue criminal charges.

In some cases, if the person harmed refuses to testify, then often the prosecution will have to drop charges due to lack of evidence. But if they have video or other eye witnesses, they do not need Rice's fiancé to cooperate and it doesn't much matter if she asks them to pursue charges or not.

Thank you. That's exactly the type of explanation I was hoping for. It'll be interesting to see how this one plays out. I know Chris Brown got 5 years of probation when he beat Rhianna. But there were two counts of assault there. Also, there was no video evidence , however he did plead guilty. She also apparently slapped him in the face to provoke him the first time, but that didn't seem to matter to the judge. I would think Ray Ray gets a similar sentence or lighter, considering his finacee still wants to be with him for some crazy reason.

 

[RBM]

Being that he will probably get just a wrist slap from the courts, I really think the league needs to bring the hammer. Make an example of him with a double digit game suspension.

 

[msommer]

Being that he will probably get just a wrist slap from the courts, I really think the league needs to bring the hammer. Make an example of him with a double digit game suspension.

What about Daryl Washington then?

 

[fatness]

Curious that the charges against the gf were dropped. I would think that the police looked at the video evidence and took witness statements before arresting both parties. Maybe the gf only spit on Rice, and he responded by knocking her out. I can't see any other physical violence on her part being dropped.

The initial charges may have been "friendly" to Rice, since her charge has been dropped and his has been upgraded to something more serious. Celebrities, athletes, and other famous people have been known to get breaks now and then.

 

[Bronco Billy]

If they have an open/shut case with video, what incentive does the government have to make a deal that doesn't include some jail time?

Money, good lawyers make deals, etc.

Not to mention he is a first time offender, the girl friend doesn't wish to press charges, and plea bargains say the courts time and money. He won't do jail time and will only miss 4 games at the most.

Let's not underestimate the alternative - this is very high profile and elected officials (don't know if the judge is elected but the DA most definitely is) are not going to want to put forth the appearance of condoning something like this as a negligible incident when the outcome is on tape and all over the internet. A slam dunk like this can carry a lot of political weight, whereas softness in a violence against women case can be readily and easily exploited by a political opponent.

 

[Shutout]

If they have an open/shut case with video, what incentive does the government have to make a deal that doesn't include some jail time?

Money, good lawyers make deals, etc.

Not to mention he is a first time offender, the girl friend doesn't wish to press charges, and plea bargains say the courts time and money.He won't do jail time and will only miss 4 games at the most.

Let's not underestimate the alternative - this is very high profile and elected officials (don't know if the judge is elected but the DA most definitely is) are not going to want to put forth the appearance of condoning something like this as a negligible incident when the outcome is on tape and all over the internet.A slam dunk like this can carry a lot of political weight, whereas softness in a violence against women case can be readily and easily exploited by a political opponent.

Good point. They ARE in an area of the country that is a bit more politically-agenda-aware than other locales.

Just my knee-jerk reaction but I think with the image the NFL promotes, he almost has to be suspended two games, similarly to Marshawn Lynch a few years ago; you don't crucify the guy but at the same time you have to have a standard in the NFL and this thing has just gotten too many eyeballs on it to go ignored.

 

[B-Deep]

anyone predicting how this will impact rice in the NFL before seeing the video is just guessing, imo.

Assuming the video gets made public, how bad it is will have a huge impact in how this affects his nfl outlook. There has been no case similar, that i know of, where the public may see an athlete knocking a woman out. If that video ends up being shown on all the sports shows, spread all over youtube, etc... then the outcry on this could be overwhelming and the league and/or teams may respond.

 

[az_prof]

anyone predicting how this will impact rice in the NFL before seeing the video is just guessing, imo.

Assuming the video gets made public, how bad it is will have a huge impact in how this affects his nfl outlook. There has been no case similar, that i know of, where the public may see an athlete knocking a woman out. If that video ends up being shown on all the sports shows, spread all over youtube, etc... then the outcry on this could be overwhelming and the league and/or teams may respond.

Word. How flagrant and incriminating the video is will also affect the court case.

 

[KellysHeroes]

Being that he will probably get just a wrist slap from the courts, I really think the league needs to bring the hammer. Make an example of him with a double digit game suspension.

What about Daryl Washington then?

hes not off the hook either, and these guys are going to take some of Sharper's punishment as well. The league can't do much to Sharper but these guys are still under league control and there should be an example made, hitting woman (and children for that matter) when you are NFL football player (and superb athelete) should not be tolerated.

 

[identikit]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

 

[njherdfan]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.1
(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or © such spouse or partner is the complainant.
(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.

N.J. Stat. Ann. § 2A:84A-17 (West)

 

[cstu]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.1
(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or © such spouse or partner is the complainant.
(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.

N.J. Stat. Ann. § 2A:84A-17 (West)

She can be forced to testify but not tell the truth.

 

[MoveToSkypager]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

Great move Ray. Hope there was a prenup.

 

[KellysHeroes]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.1
(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or © such spouse or partner is the complainant.
(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.

N.J. Stat. Ann. § 2A:84A-17 (West)

She can be forced to testify but not tell the truth.

is that true? Has that loop hole been closed? I always thought (especially in the NY/NJ region) that spouse can't not be forced but could choose to testify.

 

[bicycle_seat_sniffer]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.1
(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or © such spouse or partner is the complainant.
(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.

N.J. Stat. Ann. § 2A:84A-17 (West)

She can be forced to testify but not tell the truth.

take the stand, plea the 5th

 

[KCitons]

The wedding was planned prior to the altercation at the casino. Hence the reason why the reports said he knocked out his fiance

 

[KellysHeroes]

The wedding was planned prior to the altercation at the casino. Hence the reason why the reports said he knocked out his fiance

yes, we know that... but was the date originally 03/28 or was it moved up for some reason?

 

[fatness]

Rice really swept her off her feet I guess.

 

[KCitons]

The wedding was planned prior to the altercation at the casino. Hence the reason why the reports said he knocked out his fiance

yes, we know that... but was the date originally 03/28 or was it moved up for some reason?

 

[humpback]

The wedding was planned prior to the altercation at the casino. Hence the reason why the reports said he knocked out his fiance

Link? I'm seeing that it "was planned for a couple of weeks".

 

[njherdfan]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.1
(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or © such spouse or partner is the complainant.
(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.

N.J. Stat. Ann. § 2A:84A-17 (West)

She can be forced to testify but not tell the truth.

take the stand, plea the 5th

Nope. Unless you can make a self-incrimination argument

 

[KellysHeroes]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.1
(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or © such spouse or partner is the complainant.
(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.

N.J. Stat. Ann. § 2A:84A-17 (West)

She can be forced to testify but not tell the truth.

take the stand, plea the 5th

Nope. Unless you can make a self-incrimination argument

sure, if he murder a couple of people, but their not going to force her in a cause like this.

 

[njherdfan]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.1
(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or © such spouse or partner is the complainant.
(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.

N.J. Stat. Ann. § 2A:84A-17 (West)

She can be forced to testify but not tell the truth.

take the stand, plea the 5th

Nope. Unless you can make a self-incrimination argument

sure, if he murder a couple of people, but their not going to force her in a cause like this.

I don't know what this means. The Fifth Amendment only protects against self-incrimination, meaning Ray Rice couldn't be forced to testify in this case. The Fifth Amendment doesn't apply to his fiancee, so she couldn't plead the fifth, unless she was being charged with something.

 

[MoveToSkypager]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.1
(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or © such spouse or partner is the complainant.
(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.

N.J. Stat. Ann. § 2A:84A-17 (West)

She can be forced to testify but not tell the truth.

take the stand, plea the 5th

Nope. Unless you can make a self-incrimination argument

sure, if he murder a couple of people, but their not going to force her in a cause like this.

I don't know what this means. The Fifth Amendment only protects against self-incrimination, meaning Ray Rice couldn't be forced to testify in this case. The Fifth Amendment doesn't apply to his fiancee, so she couldn't plead the fifth, unless she was being charged with something.

God says when you get married you become one, so the wife and husband are the same.

 

[KCitons]

The wedding was planned prior to the altercation at the casino. Hence the reason why the reports said he knocked out his fiance

Link? I'm seeing that it "was planned for a couple of weeks".

One of the first reports I read, said that the wedding had been planned before the altercation. Maybe I read it incorrectly. Now reports are only saying it has been planned for weeks. The altercation was Feb 15th. So, the term weeks could still fall within that time.

Regardless, people are trying to make the leap that the indictment and quickie marriage are related. Even if you take the term weeks to mean two. The plans were made well ahead of time.

 

[bicycle_seat_sniffer]

SportsCenter
@SportsCenter

Ravens RB Ray Rice got married Friday to Janay Palmer, 1 day after being indicted for assaulting Palmer. (via @AdamSchefter)

Guessing she won't have to testify now.

(1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.1
(2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or © such spouse or partner is the complainant.
(3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify.

N.J. Stat. Ann. § 2A:84A-17 (West)

She can be forced to testify but not tell the truth.

take the stand, plea the 5th

Nope. Unless you can make a self-incrimination argument

sure, if he murder a couple of people, but their not going to force her in a cause like this.

I don't know what this means. The Fifth Amendment only protects against self-incrimination, meaning Ray Rice couldn't be forced to testify in this case. The Fifth Amendment doesn't apply to his fiancee, so she couldn't plead the fifth, unless she was being charged with something.

interesting that the charges against her are dropped, she could certainly incriminate herself again by speaking.

"why did he hit you"

"I hit him first"

 

[Ketamine Dreams]

Rice really swept her off her feet I guess.

Swept, or forcibly knocked?

 

[yellowdog]

I'm sure it will be a long, happy marriage.

 

[KellysHeroes]

I'm sure it will be a long, happy marriage.

On December 21, 2011, a judge sentenced Mayweather to serve 90 days in the county jail for battery upon his ex-girlfriend in September 2010. Mayweather reached a deal with prosecutors in which he pled guilty to misdemeanor battery in exchange for prosecutors dropping the felony battery charge. Mayweather also pled no contest to two counts of misdemeanor harassment, stemming from threats to his children. In addition to the 90-day sentence Mayweather was ordered to complete 100 hours of community service, a 12-month domestic-violence program and to pay a fine of $2,500.[158] On June 1 Mayweather began serving his county jail sentence,[159] and was released in August 2012.

 

[KCitons]

I'm sure it will be a long, happy marriage.

On December 21, 2011, a judge sentenced Mayweather to serve 90 days in the county jail for battery upon his ex-girlfriend in September 2010. Mayweather reached a deal with prosecutors in which he pled guilty to misdemeanor battery in exchange for prosecutors dropping the felony battery charge. Mayweather also pled no contest to two counts of misdemeanor harassment, stemming from threats to his children. In addition to the 90-day sentence Mayweather was ordered to complete 100 hours of community service, a 12-month domestic-violence program and to pay a fine of $2,500.[158] On June 1 Mayweather began serving his county jail sentence,[159] and was released in August 2012.

Mayweather's prior criminal history probably played into his sentence as well.

In 2002, Mayweather was charged with two counts of domestic violence and one count of misdemeanor battery. He received a six-month suspended sentence, two days of house arrest and was ordered to perform 48 hours of community service.[154]

In 2004 Mayweather was given a one-year suspended jail sentence, ordered to undergo counseling for "impulse control" and pay a $1,000 fine (or perform 100 hours of community service) after being convicted of two counts of misdemeanor battery against two women.[155] In 2005 Mayweather pleaded no contest to a misdemeanor battery charge after kicking a bouncer, receiving a 90-day suspended jail sentence.[156]

On September 9, 2010 it was reported that Mayweather was being sought by police for questioning after his former girlfriend, Josie Harris, filed a domestic battery report against him. Harris accused Mayweather of battery in the past, but those charges were dropped in July 2005 after Harris testified that she had lied and that Mayweather had not battered her.[157] Mayweather was taken into custody September 10, 2010, but was released after posting $3,000 bail. Mayweather was initially charged with felony theft (stemming from the disappearance of Harris's mobile phone); on September 16 two felony coercion charges, one felony robbery charge, one misdemeanor domestic-battery charge and three misdemeanor harassment charges were added.

 

[humpback]

The wedding was planned prior to the altercation at the casino. Hence the reason why the reports said he knocked out his fiance

Link? I'm seeing that it "was planned for a couple of weeks".

One of the first reports I read, said that the wedding had been planned before the altercation. Maybe I read it incorrectly. Now reports are only saying it has been planned for weeks. The altercation was Feb 15th. So, the term weeks could still fall within that time.

Regardless, people are trying to make the leap that the indictment and quickie marriage are related. Even if you take the term weeks to mean two. The plans were made well ahead of time.

The 1 day apart is probably a coincidence, but if the marriage was planned after the incident, it's almost certainly related. He obviously knows what happened and can anticipate what's coming.

 

[msudaisy26]

I am sure we have some lawyers on this board that can answer this, does she have to be a cooperating witness? Does she have to testify against her husband? Can she plead the fifth because her answers could get her charged with a crime like bicycle said?

 

[fatness]

The police have the video of when Rice hit her and knocked her out. I'm not sure her testimony is needed or wanted.

 

[fatness]

Brandon Spikes

Reacting to the news that Rice has just married the woman he is accused of assaulting, Spikes went off on Rice on Twitter.

“That’s him trying to save his image duh,” Spikes wrote of Rice’s wedding.

Spikes said he got angry when he saw the surveillance video that appears to show Rice dragging his unconscious wife out of an elevator, video that was taken, authorities say, moments after Rice punched her and knocked her out.

“I don’t see how anyone can respect him. Put your hands on a woman. The woman that had ur child,” Spikes wrote.

 

[fatness]

Regardless, people are trying to make the leap that the indictment and quickie marriage are related.

Not much of a leak to make. It takes more of a leap of faith to believe the timing is coincidental.

 

[KCitons]

Regardless, people are trying to make the leap that the indictment and quickie marriage are related.

Not much of a leak to make. It takes more of a leap of faith to believe the timing is coincidental.

Not really. They were engaged before he knocked her out. They had plans to get married sometime this year and according to "sources" the wedding was going to be sometime this summer. Unless there were reservations for a ceremony in July that were canceled after Feb 15th, then I think it's more coincidental.

 

[EastonBlues22]

What's interesting to me is the indictment for 3rd degree aggravated assault.

"Simple assault is the least serious form of assault and usually involves minor injury or a limited threat of violence. Aggravated assault involves circumstances that make the crime more serious, as when the victim is threatened with or experiences violence amounting to significantly more than a minor slap across the face or a punch in the jaw"

According to http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/new-jersey-aggravated-assault-laws, that's defined as:

"...

2. either attempt to cause or purposely or knowingly cause a bodily injury by using a deadly weapon.
...

6. either attempt to cause significant bodily injury or actually cause such injury, purposely or knowingly or recklessly, under circumstances manifesting extreme indifference to the value of human life.
...
8. knowingly, under circumstances manifesting extreme indifference to the value of human life, point or display a firearm at or in the direction of a law enforcement officer.
9. knowingly point, display or use an imitation firearm at or in the direction of a law enforcement officer for the purpose of intimidating, threatening, or attempting to put the officer in fear of bodily injury or for any other unlawful purpose.
10. use or activate a laser sighting system or device (or an object that a reasonable person would believe is a laser sight) against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority. A “laser sighting system or device” is a system or device that is “integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

...

Conviction of a third degree crime carries a potential prison sentence of at least three years up to five years, and a fine that could be up to $15,000. Aggravated assault is a third degree crime when committed in the second, sixth, eighth, ninth, or tenth way detailed above..."

The lack of a weapon rules out 2, 8, 9, and 10 as potential justifications for the charge, which leaves us with 6. "Significant bodily injury" is defined as "a “temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses,” so that box gets checked.

That leaves the "under circumstances manifesting extreme indifference to the value of human life" clause, which "asks whether a defendant’s conduct resulted in a probability as opposed to a mere possibility of injury. By way of example, driving a car into a crowd of people would exhibit extreme indifference."

Her testimony is pretty irrelevant to that point. The type of strike might matter, as might the fact that he's a football player, but it doesn't seem like a random slap/punch would meet that standard so it seems like there's a credible defense to be made (assuming that's all that happened).

I doubt this ever sees the inside of a courtroom, unless the case is a slam dunk. Winning this might look good for someone with ambition, but losing it would look even worse. First time offender, counseling, marriage...it all points towards a plea.

Who knows what the NFL will do based off something like that, but a double digit ban seems pretty out of whack with previous discipline. Roethlisberger served 4 for his violation of the conduct policy, and IMO that was worse than this. Benson was given 3 games for misdemeanor assault as a repeat offender. Talib was indicted for aggravated assault with a deadly weapon after firing a gun at his sister's boyfriend (potential for 5-20 years in prison) and he wasn't suspended at all even though he was a repeat offender.

 

[cobalt_27]

I am sure we have some lawyers on this board that can answer this, does she have to be a cooperating witness? Does she have to testify against her husband? Can she plead the fifth because her answers could get her charged with a crime like bicycle said?

Not anymore. They married this weekend. A convenient way out of her providing testimony against her now-husband.

 

[ghostguy123]

Seems kind of crazy that he is facing some 3-5 year jail term for something that happens every 5 seconds on youtube.

 

[ghostguy123]

My guess is there is no way he sees jailtime, but does probably end up pleading to some charge, and is suspended for like 4-6 games this season.

 

[ghostguy123]

I woudl think her testimony would actually HELP Ray Ray, especially if they have video showing what he did.

It's not like he just walked up to her and all of a sudden went all Mike Tyson on her.

Clearly it wouldnt make it right no matter what she did, but if she was instigating in any way you would think it would at least play a SMALL part in defense of Ray Ray.

 

[fatness]

Clearly it wouldnt make it right no matter what she did, but if she was instigating in any way you would think it would at least play a SMALL part in defense of Ray Ray.

I'm not so sure that'll help her explain why it was OK for him to knock her unconscious.

"Did you physically restrain Mr. Rice and make it impossible for him to walk away from the situation?"

 

[az_prof]

What's interesting to me is the indictment for 3rd degree aggravated assault.

"Simple assault is the least serious form of assault and usually involves minor injury or a limited threat of violence. Aggravated assault involves circumstances that make the crime more serious, as when the victim is threatened with or experiences violence amounting to significantly more than a minor slap across the face or a punch in the jaw"

According to http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/new-jersey-aggravated-assault-laws, that's defined as:

"...

2. either attempt to cause or purposely or knowingly cause a bodily injury by using a deadly weapon.

...

6. either attempt to cause significant bodily injury or actually cause such injury, purposely or knowingly or recklessly, under circumstances manifesting extreme indifference to the value of human life.

...

8. knowingly, under circumstances manifesting extreme indifference to the value of human life, point or display a firearm at or in the direction of a law enforcement officer.

9. knowingly point, display or use an imitation firearm at or in the direction of a law enforcement officer for the purpose of intimidating, threatening, or attempting to put the officer in fear of bodily injury or for any other unlawful purpose.

10. use or activate a laser sighting system or device (or an object that a reasonable person would believe is a laser sight) against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority. A “laser sighting system or device” is a system or device that is “integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

...

Conviction of a third degree crime carries a potential prison sentence of at least three years up to five years, and a fine that could be up to $15,000. Aggravated assault is a third degree crime when committed in the second, sixth, eighth, ninth, or tenth way detailed above..."

The lack of a weapon rules out 2, 8, 9, and 10 as potential justifications for the charge, which leaves us with 6. "Significant bodily injury" is defined as "a “temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses,” so that box gets checked.

That leaves the "under circumstances manifesting extreme indifference to the value of human life" clause, which "asks whether a defendant’s conduct resulted in a probability as opposed to a mere possibility of injury. By way of example, driving a car into a crowd of people would exhibit extreme indifference."

Her testimony is pretty irrelevant to that point. The type of strike might matter, as might the fact that he's a football player, but it doesn't seem like a random slap/punch would meet that standard so it seems like there's a credible defense to be made (assuming that's all that happened).

I doubt this ever sees the inside of a courtroom, unless the case is a slam dunk. Winning this might look good for someone with ambition, but losing it would look even worse. First time offender, counseling, marriage...it all points towards a plea.

Who knows what the NFL will do based off something like that, but a double digit ban seems pretty out of whack with previous discipline. Roethlisberger served 4 for his violation of the conduct policy, and IMO that was worse than this. Benson was given 3 games for misdemeanor assault as a repeat offender. Talib was indicted for aggravated assault with a deadly weapon after firing a gun at his sister's boyfriend (potential for 5-20 years in prison) and he wasn't suspended at all even though he was a repeat offender.

You make some good points about the legal grounds it seems to me--as someone who is not an expert.

But I think your conclusion--that it won't see a court room is a hasty assumption. You are forgetting politics. My brother-in-law was a district attorney who lost reelection largely because his opponent distributed newsletters just before the election claiming that my bil had not aggressively pursued domestic abuse cases. Imagine in this instance, a picture of the fiancee, unconscious, being drug out of the elevator by rice, and the caption: DA refuses to defend women because of famous suspect.

The video evidence is going to be pretty difficult to overcome. And the court of public opinion will demand a trial.

 

[KellysHeroes]

I am sure we have some lawyers on this board that can answer this, does she have to be a cooperating witness? Does she have to testify against her husband? Can she plead the fifth because her answers could get her charged with a crime like bicycle said?

Not anymore. They married this weekend. A convenient way out of her providing testimony against her now-husband.

she wasn't pressing charges anyway and they have video, her test was a non-factor anyway. The marriage may have been rushed up to save face, or they really love each other that much more now.

 

[cstu]

Her testimony is pretty irrelevant to that point. The type of strike might matter, as might the fact that he's a football player, but it doesn't seem like a random slap/punch would meet that standard so it seems like there's a credible defense to be made (assuming that's all that happened).

If she testifies that she was threatening him prior to being hit then it would strengthen his claim of self-defense. We know it's ridiculous but a jury only needs reasonable doubt.

 

[KellysHeroes]

Her testimony is pretty irrelevant to that point. The type of strike might matter, as might the fact that he's a football player, but it doesn't seem like a random slap/punch would meet that standard so it seems like there's a credible defense to be made (assuming that's all that happened).

If she testifies that she was threatening him prior to being hit then it would strengthen his claim of self-defense. We know it's ridiculous but a jury only needs reasonable doubt.

was never going to court anyway.

 

[fatness]

Her testimony is pretty irrelevant to that point. The type of strike might matter, as might the fact that he's a football player, but it doesn't seem like a random slap/punch would meet that standard so it seems like there's a credible defense to be made (assuming that's all that happened).

If she testifies that she was threatening him prior to being hit then it would strengthen his claim of self-defense. We know it's ridiculous but a jury only needs reasonable doubt.

Testimony that she was physically threatening him would probably elicit jury laughter. Any other kind of threat is one he can walk away from, and that'll be pointed out.