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JustMyyOpinion wrote on Nov 9, 2009 6:09 PM:
John Richards wrote on Nov 9, 2009 6:55 PM:
two cents wrote on Nov 9, 2009 7:09 PM:
Coincidence? "
mumble wrote on Nov 9, 2009 8:28 PM:
clean and serene wrote on Nov 9, 2009 9:46 PM:
alta heitzer wrote on Nov 9, 2009 10:31 PM:
Mr. Feasor wrote on Nov 9, 2009 11:41 PM:
He came up from behind, so she didn't see him. Then he grabbed and punched her. That's a battery. An assault is when you see it coming. And even if there is no physical contact, it's still an assault.
Back to the article: JustMyOpinion has a pretty good point. So do the other posters here. Better lighting and some pepper spray could have made the situation less traumatic.
Regardless, glad the victim is okay. "
ysoserious wrote on Nov 10, 2009 2:51 AM:
NVR likes to make everything more dramatic and Assault looks more menacing ( i guess) than just battery hence why they probably just put assault "
notanapanative wrote on Nov 10, 2009 5:39 AM:
Although it's a good point that a woman shouldn't walk alone at night, part of the reason I like living in a small town is that this isn't supposed to happen here!
We should make getting better lighting in that area a priority, as well as getting this perp off the street!
Everyone should be able to walk downtown or in all of Napa without fear, at anytime of day or night. "
Mr. Feasor wrote on Nov 10, 2009 4:46 PM:
In civil lawsuits, a victim must establish that they "saw it coming" (as it were). But in a criminal proceeding, it is all about the defendant's intent to "commit violent injury" (Pen. Code § 240). So once he allegedly grabbed and struck her, both assault and battery would apply.
My bad. Thanks for pointing that out.
At any rate, good for the victim to get out safely and keeping her head. I hope the authorities find this guy. "