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Shoving someone is assault :dunno:

I can't tell if you're being serious or sarcastic. I'm assuming sarcastic because Green approached Poole, made contact with him first, and while Poole did shove him to create space, it is clear the push is not a move to hurt Draymond. Draymond started the physical altercation and he more-or-less sucker punched Poole. If Poole hurt his feelings with his words, then Poole owes Draymond an apology for that, but Draymond is clearly crossed the line.
 
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I can't tell if you're being serious or sarcastic. I'm assuming sarcastic because Green approached Poole, made contact with him first, and while Poole did shove him to create space, it is clear the push is not a move to hurt Draymond. Draymond started the physical altercation and he more-or-less sucker punched Poole. If Poole hurt his feelings with his words, then Poole owes Draymond an apology for that, but Draymond is clearly crossed the line.

You used the word "assault" and I'm just saying that in the eyes of the law, a shove is assault.
 
Looks like someone could be charged with battery for walking into someone like Draymond did if you went off this definition.

https://www.findlaw.com/criminal/criminal-charges/assault-and-battery-overview.html
Battery: Definition
Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following:

  • intentional touching;
  • the touching must be harmful or offensive;
  • without the consent from the victim.
Battery: Intent Requirement
It may come as some surprise that a battery generally does not require any intent to harm the victim (although such intent often exists in battery cases). Instead, a person need only have an intent to contact or cause contact with another. Additionally, if someone acts in a criminally reckless or negligent manner that results in such contact, it may constitute an assault. As a result, accidentally bumping into someone, offensive as the "victim" might consider it to be, would not constitute a battery.
 
You used the word "assault" and I'm just saying that in the eyes of the law, a shove is assault.
Correct. As I understand the law, Draymonds bump would actually be the first assault, as it would also be an an unwanted touching that is done in a rude or angry manner.

So in review. Draymond escalated the situation at least three times: 1) Approaching Poole aggressively. 2) Making initial physical contact. 3) Throwing a punch.

If Draymond wants to say that anyone who runs their mouth deserves to be punched, then he's saying he should've been punch a ton of time throughout his career.

Difficult to see a stance where one can justify what Draymond did.
 


Jordan Poole is an arrogant piece of shit even Dame was telling us about him. I’m with Draymond..
 
Looks like someone could be charged with battery for walking into someone like Draymond did if you went off this definition.

https://www.findlaw.com/criminal/criminal-charges/assault-and-battery-overview.html
Battery: Definition
Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following:

  • intentional touching;
  • the touching must be harmful or offensive;
  • without the consent from the victim.
Battery: Intent Requirement
It may come as some surprise that a battery generally does not require any intent to harm the victim (although such intent often exists in battery cases). Instead, a person need only have an intent to contact or cause contact with another. Additionally, if someone acts in a criminally reckless or negligent manner that results in such contact, it may constitute an assault. As a result, accidentally bumping into someone, offensive as the "victim" might consider it to be, would not constitute a battery.
By that definition, tapping someone on the shoulder to get their attention could be battery if they were offended by it.
 
By that definition, tapping someone on the shoulder could be battery if they were offended by it.

You would have to find a DA that would be willing to press those charges on behalf of the tax-payers, which is unlikely.

I would be surprised if Green was charged with assault, even though there is clear video evidence. The law is not applied equally (or fairly), it's very much political.
 
All I see in that video was that Poole looks like he's talking shit, Draymond got into his face, and Poole shoved him. Draymond shouldn't have hit him, but we can't hear what Poole is saying. It's very clear that Poole is talking shit.
Unless Poole said I fucked your mom last night and proceeded to show video evidence, there is no justification for that punch. That wasn’t a normal punch. That was a all his weight behind it, flying punch.
 
Unless Poole said I fucked your mom last night and proceeded to show video evidence, there is no justification for that punch. That wasn’t a normal punch. That was a all his weight behind it, flying punch.

What kind of punches do you throw? Fake ones?

You're supposed to put your weight behind a punch.
 
By that definition, tapping someone on the shoulder to get their attention could be battery if they were offended by it.

The laws are pretty vague so that it can be left up to the DA if they want to press charges. But based on several different places I have checked, I'd say three separate instances of battery and/or assault were committed.

Draymond getting into Poole's face.
Poole shoving Draymond.
Draymond punching him.
 
The laws are pretty vague so that it can be left up to the DA if they want to press charges. But based on several different places I have checked, I'd say three separate instances of battery and/or assault were committed.

Draymond getting into Poole's face.
Poole shoving Draymond.
Draymond punching him.
If Draymond bellying up to Poole could be considered battery, why wouldn't Poole's shoving him away be considered self-defense?
 
I meant by punches usually thrown in NBA scuffles that are usually glancing slaps. This was a full force punch that connected squarely.

That's because most fights in the NBA happen during games, and they don't have time to manifest into anything more than a weak scuffle.

But fights during practice tend to be much worse. Someone already mentioned Zach Randolph breaking Ruben Patterson's face during practice. We know that Michael Jordan punched Steve Kerr. I'm sure there's probably hundreds of other examples that have happened over the years.
 
If Draymond bellying up to Poole could be considered battery, why wouldn't Poole's shoving him away be considered self-defense?

I'm not a lawyer, but I imagine a lawyer would argue it was an escalation.

Poole could have backed away. He could have de-escalated the situation. Shoving Draymond clearly escalated it, and then Draymond escalated it further.

I'll give you an example. If this happened outside, and Draymond got into his face and Poole shoved him. Draymond falls backwards, hits his head on a curb and dies (this has literally happened to people.) Poole is going to jail. Was he justified in pushing someone away from him? Maybe, and maybe he didn't intend for any harm to come to him, but that doesn't really matter in the eyes of the law.
 
What kind of punches do you throw? Fake ones?

You're supposed to put your weight behind a punch.
I don't throw punches but in a general sense people can throw two kinds of punches. One is a punch to make a point the other is a punch with malice meant to injure someone badly and when thrown to the face it's meant to knock someone out. I would hope that a punch thrown by one teammate at another would be to show that the teammate throwing the punch had had enough of the other guy (or in other words just to make a point) not to seriously hurt his teammate. Draymond's punch was thrown to do damage and shut Poole's lights out... that's reckless.

So if you're fighting with someone to protect yourself because they intend to hurt you seriously, yeah you better put your weight behind it but if you're just some hothead in a controlled environment popping off because someone said something you don't like and you lack self control then you might push a jabbing or slapping punch out there (you can call it a fake one).
 
I don't throw punches but in a general sense people can throw two kinds of punches. One is a punch to make a point the other is a punch with malice meant to injure someone badly and when thrown to the face it's meant to knock someone out. I would hope that a punch thrown by one teammate at another would be to show that the teammate throwing the punch had had enough of the other guy (or in other words just to make a point) not to seriously hurt his teammate. Draymond's punch was thrown to do damage and shut Poole's lights out... that's reckless.

So if you're fighting with someone to protect yourself because they intend to hurt you seriously, yeah you better put your weight behind it but if you're just some hothead in a controlled environment popping off because someone said something you don't like and you lack self control then you might push a jabbing or slapping punch out there (you can call it a fake one).

I mean.... there's jabs which are meant to stun. Usually thrown with an off hand.

Untrained people tend to throw haymakers. They're actually NOT that powerful because they lack form and if the other person is ready for it, you are off balance and can get your ass kicked. A trained fighter can throw their body weight behind a punch without literally launching their whole body. I used to train with a buddy who was a pro MMA fighter. He taught me some basics. You can pretty much put your weight behind a punch just by turning your body and hit with just as much force as what Draymond just did, but with more precision and control.

This is something that happened in a split second. Tempers flared. I doubt anyone was thinking clearly.
 
I'm not a lawyer, but I imagine a lawyer would argue it was an escalation.

Poole could have backed away. He could have de-escalated the situation. Shoving Draymond clearly escalated it, and then Draymond escalated it further.

I'll give you an example. If this happened outside, and Draymond got into his face and Poole shoved him. Draymond falls backwards, hits his head on a curb and dies (this has literally happened to people.) Poole is going to jail. Was he justified in pushing someone away from him? Maybe, and maybe he didn't intend for any harm to come to him, but that doesn't really matter in the eyes of the law.

I'm not a lawyer either, but I believe self-defense is intended only when you are in danger of death or significant harm. I suppose Poole could argue the bump made him fearful for his life, but that would probably be a stretch.

Draymond certainly better hope Poole doesn't get charged because that would almost certainly mean he'll get charged as well.
 
All I think about with these types of stories is how nice it is that they no longer involve our Blazers. Draymond doing this? Not shocking at all.

Are they perhaps too nice? You could certainly make the argument there needs to be some form of "craziness" on a team, but I'm glad we're not talking about how this will effect one of our young player's psyche moving forward.
 
All I think about with these types of stories is how nice it is that they no longer involve our Blazers. Draymond doing this? Not shocking at all.

Are they perhaps too nice? You could certainly make the argument there needs to be some form of "craziness" on a team, but I'm glad we're not talking about how this will effect one of our young player's psyche moving forward.
credit to Dame. 10 yrs and the worst we've had is ET or Moe griping about the coach, or Nurk pouting. But camaraderie has been excellent. Shaedon could not have landed in a better environment to grow.
 
The main thing I got from this video is no teammates ran over to break it up til the end. Only coaches. That lets you know how they feel about Poole as a teammate.
I said same thing Last year. Klay got so frustrated from this kid he was a black hole and often froze Klay out on offense
 
Green is so overrated simply because he plays for GS.
 
No way those two can brush this aside, and be team mates!
 

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