Laws310 Essay

518 Words3 Pages
Laws310 Week 5 Homework Assignment: a. Bobby is angry with his supervisor. He takes a gun to work, intending to scare his supervisor. He waves the gun around while yelling at the supervisor. The police are called. Officer Goodman approaches Bobby and asks for the weapon. Bobby accidentally fires the gun, injuring Officer Goodman in the hand. Did Bobby violate the assault statute? Explain your response. Answer: Although Bobby did not intend on harming anyone with the gun, the mere fact of bring the gun to work shows intention. While waving the gun around and using violent behaviors and erratic motions, Bobby changed the naturally occurring events within that environment. When considering the totality of the circumstances, Bobby has violated the assault statue resulting in the harm to Officer Goodman. Bobby is guilty of assault as he unintentionally fired the gun upon a law enforcement officer in the performance of his or her [the officer’s] duties and should be found guilty of a Class E felony. b. Bobby is angry with his supervisor. He takes a gun to work, intending to scare his supervisor. He stops at a local saloon to fortify himself for the confrontation with his supervisor. While Bobby is having a beer, the bartender notices the gun in Bobby’s coat. John Goodman, an off-duty security guard, is having coffee at a table. The bartender tells him about Bobby’s gun. Goodman approaches Bobby and asks for the weapon. Bobby accidentally fires the gun, injuring Goodman. Did Bobby violate the assault statute? Explain your response. Answer: Although Goodman is not an active officer and an off-duty security guard, Bobby still violated the Assault Statue in an indirect manner. His actions are indicative of negligence and the incident resulted in a tort which escalated the charge by the use of the gun. The gun produced a “projectile” and during the incident bodily
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