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Is Shoving Someone Assault
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An off-duty U.S. Army officer who was filmed beating a black man in a South Carolina neighborhood earlier this week has been charged with third-degree assault, the Associated Press reported.
Sergeant First Class Jonathan Pentland, 42, was arrested Wednesday and taken to the Richland County Jail. It seems he has since been released on bail.
On Monday, a woman posted footage on Facebook of a heated argument between Pentland and a black man outside their home in Columbia, South Carolina.
Pentland was seen yelling at the man, getting in his face and telling him to get out of the area.
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"Either you leave or I'm going to get one of you out of here," Pentland said in the video.
It's not clear from the video what sparked the fight, but near the end of the three-minute clip, Pentland's wife accuses the man of "picking up a fight" with one of their female neighbors.
In the video, Pentland repeatedly asked what the man was doing in the area. The man said he was walking and he lived in the area.
When the man tried to talk to Pentland's wife, Pentland pushed him, causing the man to nearly fall, the video shows.
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Cheryl Johnson, the woman who posted the video on Facebook, wrote that she stayed with the man until an officer arrived on the scene. She said the officer on the scene charged Pentland with property damage for throwing the man's cell phone on the ground, which happened after the video stopped rolling.
Johnson was walking with her best friend when they got into an argument with two men, and she stayed to make sure the man wasn't hurt.
"Refused to see him go to jail or die because he was black, we went back to get him out," she wrote. "Everything he did when he walked was black!!!"
In announcing Pentland's arrest Wednesday, Richland County Sheriff Leon Lott confirmed there were two other incidents in which a black man was involved in a fight, but said it "doesn't justify" Pentland's behavior.
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"There were other things that made Pentland's actions not right," Lott said. No one condoned the attack.
He continued: "It was horrible, it was unnecessary, it was an ugly video, the young man is a victim, he is an aggressor, and he has been treated accordingly."
Lott added that the black man "had a chronic medical condition that may explain his behavior during the alleged incidents."
Social media accounts linked to Pentland show he works as a drill sergeant at Fort Jackson, the AP reported.
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The agency's commanding general condemned the video Wednesday, saying the Justice Department was investigating.
"Leaders at Fort Jackson do not condone in any way the behavior shown in the recently released video," said Fort Jackson Commander Brig. Gen. Milford Beagle Jr. said in a statement.
"I am deeply concerned for the members of our military family, the young man and his family, and the stress this type of activity is causing as time goes on. Please be patient as the facts are determined."
Protesters gathered outside the Pentland family home on Wednesday night. The Sheriff's Department said the Pentland family was forced out of the home as protesters began to tear it down.
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Now watch: Here's what it's like to climb a secret fortress in India in 80 degrees Celsius. This article is about criminal activities. For extreme aspects of violence, see Violence. For other uses, see Attack (elimination).
Assault is unlawfully inflicting physical harm or unwanted physical contact on a person or, under certain legal definitions, threatening or attempting to do so.
It is both a crime and a tort and may result in criminal charges, civil liability, or both. Generally, the common law definition is the same in criminal and criminal law.
Typically, common law legal systems have separate definitions for assault and battery. If this distinction is made, battery refers to actual bodily contact, while assault refers to a credible threat or attempt to commit battery. Some jurisdictions have combined the two offices into one crime called "assault and battery" which is commonly referred to as "assault". The result is that in most of these jurisdictions the assault is based on a definition consistent with the traditional definition of battery. Civil law legal systems and Scots law have never distinguished assault from battery.
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Legal systems implicitly recognize that attacks can vary greatly in severity. In the United States, an assault can be charged as a misdemeanor or a misdemeanor. In Wales and Australia, it can rarely be charged as common assault, causing bodily harm (ABH) or grievous bodily harm (GBH). Canada also has a three-tier system: assault, assault causing bodily harm and aggravated assault. There are separate charges for sexual assault, assault and battery on a police officer. Assault can be combined with an attempted felony; For example, an assault may be considered attempted murder if it is committed with the intent to kill.
In jurisdictions that distinguish between the two, the assault is usually battery if the assailant both threatens unwanted contact and follows through on the threat. See Common Attack. The element of battery is voluntary action.
Conduct with intent to cause harmful or offensive contact with another person or in circumstances that warrant such contact and result in such contact.
Attempts to harm police officers or other government employees may result in charges of aggravated assault.
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Although the extent and exact implementation of the defense varies between regions, the following represents a list of defenses that can be applied to all levels of attack:
There are exceptions to normal social behavior known as de minimis harm that cover unwanted physical contact. Assault may be considered in cases involving exposure to saliva or unwanted body fluids.
Const can be full or partial defense against attack. In some cases, especially a tumor, it is not a defense if the extent of the injury is serious unless there is a legally proven reason for the attack.
This can have important consequences when dealing with cases such as consular sadomasochistic sexual activity, the most famous case of Operation Sniper. Legally recognized good causes of seizures include surgery, activities within the rules of the game (mixed martial arts, wrestling, boxing or contact sports), physical beauty (R v Wilson [1996] Crim LR 573) or horseplay (R v Jones) [ 1987] Crim LR 123). However, any activity outside the rules of the game is not legally recognized as a defense to Const. Under Scottish law, permanence is not a defense to abuse.
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Police officers and court officials have general powers to use force to make arrests or perform their official duties. Therefore, a court officer who seizes goods by court order can use force if necessary.
In some jurisdictions, such as Singapore, judicial punishment is part of the legal system. Officers who receive punishment are immune from prosecution for assault.
In the United States, United Kingdom, Australia, and Canada, corporal punishment of children by their wards or legal guardians is not considered abuse unless it is excessive or unreasonable. What constitutes "reasonable" varies by statute and case law. Unreasonable corporal punishment may be considered abuse or under separate child abuse laws.
Many countries, including some states in the United States, allow the use of corporal punishment against school children. In the Glass Act, s. 58 The Children Act 2004 limits statutory remedies to common statutory abuse. 39 Criminal Justice Act 1988
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This may or may not include self-defense, the use of reasonable force to prevent another person from committing a crime may prevent violence, but it does prevent a crime involving personal injury. Do not use violence.
Some jurisdictions use force to defend property or to prevent injury to one's own rights or to prevent injury to property under one or both of the defenses, or the attempt may be considered an offence), s5 criminal damage
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