Simple Assault
The task required the consideration of diverse kinds of assault penalties under Vermont’s Criminal code. There are three key kinds of assault to be evaluated regarding the case: simple assault, aggravated assault, and assault by physical liquids. The offered case is to examine what type of assault would be appropriate or if somewhat different was accessible to use.
According to the provisions of this section, an individual is convicted of the simple assault if:
- The individual endeavors to cause physical harm to another person with an intention
- The person carelessly causes physical harm to another person with a fatal armament
- The person tries to instill in fear to a person of severe physical harm.
An individual condemned of this assault will be confined for one year or charged not more than $1000 or both. Such penalties are excluded if the crime is devoted in a contest arrived into by shared assent (The Vermont Assault statutes, S. 1023).
A individual is convicted of this assault if:
- Tries to cause physical harm to a person
- A individual is equipped with a fatal armament and intimidates to use it on another individual
- The person causes other physical impairments to another person
- Tries to knowingly cause physical harm to another person.
A individual condemned of this attack is confined for not more than 15 years or charged more than $10,000 or both. The person is also subjected to a fine of not more than $5000 for armed with a deadly weapon.
An individual convicted of aggravated assault against a protected professional while the professional is in the line of responsibility, on top of punishments imposed under sections 1023 and 1024, and will:
- Be imprisoned not more than one year for the first crime
- Confined for not more than ten years for the second and succeeding crimes.
No individual will deliberately cause the body fluids to come into exchange with the protected expert while the individual is executing a legal obligation (The Vermont Assault statutes, s. 1028). A person violating this provision is subjected to incarceration of not more than one year or a penalty of not more than $1000 or both.
The case given would be sued as an assault. It would be more likely that the justification would attempt to get the penalties reduced or attempt to get charged with a simple assault. Intent can be recognized by piercing lips before spluttering. According to 1028 V.S.A., the officer suits as a safe professional, denoting that this law could relevant to the assault committed. Nevertheless, 13 V.S.A.1024 can apply well to this condition as H.I.V. is a recognized fatal virus that can be conducted over numerous habits, comprising contact body fluids.
Consequently, I would attempt to charge the suspect in this case under 13 V.S.A. 1024. In this prosecution, I would show that spitting, as the saliva carries the virus, would be considered a deadly weapon since that spit could kill (The Vermont Assault statutes, s. 1024). Even with advances in science, it could cause great bodily harm. However, there would be more challenges that would need to be overcome. In the case of Indians V Haines, the state would need to prove that HIV can be transmitted through saliva (Indians V Haines, 1989). The state will need to prove the act of spitting, in this case, is not a sole actor.
References
State of Indiana, Appellant (Plaintiff), v. Donald J. HAINES, Appellee (Defendant). No. 79A02-8807-CR-283.
The Vermont Assault statutes, 13 V.S.A. 1023 Simple assault
The Vermont Assault statutes, 13 V.S.A. 1024 Aggravated assault
The Vermont Assault statutes, 13 V.S.A. 1028 assault with bodily fluids, assault of protected professional
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