beast of the east
Active member
This is why sometimes relying on the internet can be dangerous. To all, please don't use it to self diagnose.This was reported in multiple news outlets as misdemeanor assault, which is described as threatening to cause bodily harm. From what I can determine no blows were struck. I don't know many/any programs that would take a player out off the court for a misdemeanor charge as opposed to a felony assault.
Thanks for adding your expertise to the matter. It was inferred in this discussion that the player in question caused bodily harm, but by the charge it appears a threat was made and nothing more. The direct inference here was that Cluess was somehow dirty or negligent by letting the kid play after a one game suspension.
Sorry, you're incorrect. There is no such crime as "misdemeanor assault." There is a crime called Assault 3rd, which is a misdemeanor. Assault 3 requires proof that the accused caused physical injury. There's nothing in the statute about threats. If no blow was struck he would have been charged with menacing or harassment.
As with anyone with a professional knowledge I yield to your expertise. However,
http://misdemeanorguide.com/Misdemeanor-assault.php
This and other references refer to the term misdemeanor assault. Thank you for clarifying and presenting NYS law.
It doesn't warrant any more discussion, but here is a NYS criminal defense firm who describe misdemeanor assault:
http://assaultdefenselawyer.com/assault-resources/felony-assault-vs-misdemeanor-assault/
I do believe that Fun accurately defined NYS penal code, but it appears that the term misdemeanor assault is used in NYS criminal law.