9) Law Enforcement: School Crime/“Assault” definition

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Following shared by Captain from Guilford County Sheriff Department, NC

School Acts most disruptive and/or most frequently reported include trespassing, bomb threats, assault on school employee, assault, damage property, disorderly conduct, affray, larceny, drug violation, alcohol violation, weapon on school property, robbery, assault on a Law Enforcement Officer, sex offense, and arson/fire.

("Safer Schools" Team members advocate including bullying, verbal and written threats of violence.)
 
School Law Enforcement Report
The information considered on this report: Offenses that occur on a regular basis on school campuses that are likely to disrupt the students learning environment. This report creates a snap-shot for school staff, school resource officers, and parents to gage their school with other Guilford County Middle and High Schools. This report does NOT include all crimes that occur on a campus because other offenses either do not create a disruption, or the offense occurs so infrequent, we do not feel it creates a disruptive learning environment on a daily basis. The report, if looked at each month, will share trends that a school may be experiencing for certain offenses, thus sharing an opportunity to adjust staff, procedures, and to research reasons why an offense may be at a certain level.
This report does NOT replace any official report that each law enforcement agency does for their respective agency.
The main thing to remember is this report is not the report that determines if schools have reported certain offenses. This report is ONLY a snap-shot of certain offenses law enforcement deem “disruptive” in nature, and cause law enforcement and school officials the most problems on a day-to-day basis.  
This is not an official report, but a tool to help law enforcement and school administrators see what trends are evolving at their school as they relate to disruptive behaviors.
Assault" definition from law enforcement:
The definition of an assault is not defined by General Statues; instead, it is defined by common law, or may be referred to by case law.
North Carolina recognizes two forms of assault:
A)The first form of assault is: an overt act or attempt, or the unequivocal appearance of attempt, with force and violence, to immediately physically injure another person, with the show of force or menace of violence being sufficient to put a reasonable person in fear of immediate physical injury. The definition places the emphasis on the “intent” or “state of mind” of the accused. An assault may be the actual unlawful physical touching of another person (battery), or it may be an attempt to unlawfully touch another person.
While intent is an essential element, it may be implied by “criminal negligence”.  Reckless regard can be a factor.
B) The second form of assault recognized in North Carolina is assault by “show” of violence. This form of assault occurs when
1) the defendant shows an apparent ability to inflict injury
2) the act is such that a reasonable person would fear harm from it; and
3) the act causes the victim to do something the victim would not have done or not do something he or she would have done, such as taking a different route, or leaving a place.
Sometimes understanding many of the terms or elements of an offense can be confusing. In summary, an assault usually occurs when one person attempts to or, does strike another person with “intent” to do harm. The “striking does not have to occur to be sufficient evidence of an assault. The actually striking completes the battery. This is where you hear the term “assault and battery.

If you are threatened or feel unsafe, complete and file a police statement ASAP.  Retain the original copy: needed if petition the court for a Restraining Order.


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