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NC State leading rusher is sidelined due to assault arrest

| Aug 15, 2013 | Weapons Crimes |

It’s odd the way some businesses and organizations suspend an employee from his or her job immediately upon knowing of an individual’s arrest by police. This is done without any court determination of criminal wrongdoing. A North Carolina State running back was charged on June 6 with misdemeanor criminal assault on a female and was suspended immediately.

The first-year coach of North Carolina State stated that the man didn’t live up to the high standards expected of players and suspended him right away. That posture seems to indicate a suspension without first conducting a preliminary investigation or discussion with the player. It also is a policy that punishes an accused prior to due process procedures being completed. 

The details of the man’s relationship with the woman or of what precisely happened were not available. He was charged by Wake County sheriff’s deputies, but it’s not known if authorities witnessed an offense or received a complaint from the female. The man was the team-leading rusher in 2012 despite not playing in the first three games. He’s been practicing with the team at this time.

He’s expected to appear in Court for a hearing on Aug. 22. Assault involving a woman is a violent crime that can entail a wide range of behavior. In assault, the key is the willful attempt or threat to inflict injury on another, and a display of menacing force toward the victim. Assault does not require a physical touching or committing bodily harm to the other, whereas the crime of battery is essentially an assault combined with the actual infliction of contact.

In North Carolina and elsewhere, everyday practice uses the term assault to refer to a battery also. The touching or physical contact element is generally included when referring to an assault even though technically the touching element applies only to a battery under traditional common law concepts. If the events involve a spouse or live-in partner, the authorities will often base the charge on domestic violence offenses, which doesn’t seem to be the case here. It’s important to know the precise statutory wording for each crime in order to determine whether the prosecution has sufficient evidence to prove the elements of the described offense.

Source: timesunion.com, “NC State RB due in court on assault charge,” Aug. 5, 2013

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