UNT linebacker Mike Stojkovic pleaded no contest to two counts of misd

[outoftown]

So apparently this is why Stojkovic redshirted:

UNT linebacker Mike Stojkovic pleaded no contest to two counts of misdemeanor assault on Friday.

Stojkovic, who is sitting out this season to deal with what head coach Dan McCarney described as personal issues, received 15 month of deferred adjudication probation. He must also perform 80 hours of community service.

Stojkovic’s attorney James Horton did not immediately return a message seeking comment.

McCarney confirmed that Stojkovic had left the team in early May. He returned to the team by late July, when McCarney said he would spend the 2012 season as a redshirt.

The former Katy standout is still working out with UNT, which will face Florida Atlantic today.

UNT public relations officer Buddy Price said that privacy laws prevent the school from disclosing any additional information on Stojkovic or the case.

read more at

http://^http://meang...stojkovic.html/

Can anyone who knows the law better than I tell me what is exactly meant when they talk about "misdemeanor assault" ?

Edited September 29, 2012 by outoftown

[Dr. Seuss]

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.

Edited September 29, 2012 by Dr. Seuss

[Eastwood Eagle]

If we are talking law, here is everything in my torts outline pertaining to assault:

Assault

• Definition:
  
  • An (1) intentional act (2) causing a reasonable apprehension in plaintiff (3) of immediate harmful or offensive contact to plaintiff’s person
    
  • Elements: (1) Intentional (2) Act causing (3) Imminent apprehension of harm contact
    

  [*]Contact Requirement: No actual contact is necessary- plaintiff is protected against a purely mental disturbance of this distinctive kind

  • Includes fright, humiliation and the like, as well as any physical illness which may result from them
    
  • Western Union v. Hill (clock groper- assault is unlawful attempt to commit battery)
    

  [*]Apprehension is Required: Any act of such a nature as to excite an apprehension of a battery may constitute an assault

  • Follows that plaintiff must be aware of the threat of contact
    
  • Offer to use force
    
  • Apprehension is not the same as fear- plaintiff is not deprived from an action for being courageous or brave
    

  [*]Limitations: There is no assault if someone is too far away, mere preparations, mere words, threats for the future and insults for the present

  • Ordinarily words create no apprehension of immediate contact- in the context they may cause apprehension (if someone also has a gun or reaches in for pocket, for example)
    

  [*]Intent Requirement: Only requires an intent to arouse apprehension

• Defendant is not free to compel the plaintiff to buy safety by compliance w/ a condition –“ your money or your life”
  
• Must apprehend an impending battery
  

• Failure to carry it through to battery will not prevent liability
  

[*]Test Tip An actor need not direct his intent. If B is standing next to A and C and points a gun at A he assaults both A and C

Edited September 29, 2012 by Eastwood Eagle

[MCMLXXX]

Can anyone who knows the law better than I tell me what is exactly meant when they talk about "misdemeanor assault" ?

The assault in his case was a Class A which requires proof of bodily injury and is punishable by up to 1 year in jail and/or a fine of $4000.

A Class C assault is a harmful or offensive touching and is punishable by fine only.