Domestic Battery
05-23-2012, 05:49 PM
#11
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Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,343
Originally Posted by subrat
If I remember correctly.... the form you fill out for a SIDA badge only asks if you have been convicted of any of the listed crimes... If he gets convicted "which he wont" its not even on the list? or would they assume that DB is a threat?
I can't guarantee that domestic Battery would not fall under "aggravated assault". Since different jurisdictions may use slightly different language, it may be left up to the local IDA authority to decide.
Also I don't think you can have battery without assault...assault is the attack (the swing) and battery is the connection (the punch). "Domestic" might be considered "Aggravated"...not hard to make that correlation.
But that's all academic. A conviction for this crime will probably mean no airline job, anytime in the forseeable future. This guy needs to beat the rap, period.
05-23-2012, 07:32 PM
#12
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Joined APC: Jun 2009
Position: Barbie Jet Driver
Posts: 74
Originally Posted by rickair7777
I can't guarantee that domestic Battery would not fall under "aggravated assault". Since different jurisdictions may use slightly different language, it may be left up to the local IDA authority to decide.
Also I don't think you can have battery without assault...assault is the attack (the swing) and battery is the connection (the punch). "Domestic" might be considered "Aggravated"...not hard to make that correlation.
But that's all academic. A conviction for this crime will probably mean no airline job, anytime in the forseeable future. This guy needs to beat the rap, period.
Also I don't think you can have battery without assault...assault is the attack (the swing) and battery is the connection (the punch). "Domestic" might be considered "Aggravated"...not hard to make that correlation.
But that's all academic. A conviction for this crime will probably mean no airline job, anytime in the forseeable future. This guy needs to beat the rap, period.
05-24-2012, 02:08 AM
#13
Gets Weekends Off
Joined APC: Mar 2008
Position: FAA 'Flight Check'
Posts: 13,837
Originally Posted by subrat
You can spit on the person in his state and that would be labeled as battery...Even touching someones arm or hand... When you add aggravated to battery or aggravated assault thats when it becomes a felony... Domestic is just a spouse/wife/ family member... Really sucks for him because he didnt do anything wrong or hurt anyone
Examples:
2C:12-13 Throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentence.
2.A person who throws a bodily fluid at a Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, probation officer, any sheriff, undersheriff or sheriff's officer or any municipal, county or State law enforcement officer while in the performance of his duties or otherwise purposely subjects such employee to contact with a bodily fluid commits an aggravated assault. If the victim suffers bodily injury, this shall be a crime of the third degree. Otherwise, this shall be a crime of the fourth degree. A term of imprisonment imposed for this offense shall run consecutively to any term of imprisonment currently being served and to any other term imposed for another offense committed at the time of the assault.
2.A person who throws a bodily fluid at a Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, probation officer, any sheriff, undersheriff or sheriff's officer or any municipal, county or State law enforcement officer while in the performance of his duties or otherwise purposely subjects such employee to contact with a bodily fluid commits an aggravated assault. If the victim suffers bodily injury, this shall be a crime of the third degree. Otherwise, this shall be a crime of the fourth degree. A term of imprisonment imposed for this offense shall run consecutively to any term of imprisonment currently being served and to any other term imposed for another offense committed at the time of the assault.
USMCFLYR
05-25-2012, 09:41 AM
#14
Gets Weekends Off
Joined APC: Jul 2010
Posts: 102
Originally Posted by rickair7777
I can't guarantee that domestic Battery would not fall under "aggravated assault". Since different jurisdictions may use slightly different language, it may be left up to the local IDA authority to decide.
Also I don't think you can have battery without assault...assault is the attack (the swing) and battery is the connection (the punch). "Domestic" might be considered "Aggravated"...not hard to make that correlation.
But that's all academic. A conviction for this crime will probably mean no airline job, anytime in the forseeable future. This guy needs to beat the rap, period.
Also I don't think you can have battery without assault...assault is the attack (the swing) and battery is the connection (the punch). "Domestic" might be considered "Aggravated"...not hard to make that correlation.
But that's all academic. A conviction for this crime will probably mean no airline job, anytime in the forseeable future. This guy needs to beat the rap, period.
04-05-2015, 04:06 PM
#15
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Joined APC: Apr 2015
Posts: 1
If convicted maybe he can get it expunged. If expunged does anyone know if that would be okay? I know some expunged records stay on your record but state that they are expunged. It may then be up to the individual employer. He'd also have to wait the State regulated time before applying.
04-06-2015, 08:24 AM
#16
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Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,343
Originally Posted by Deboramajama
If convicted maybe he can get it expunged. If expunged does anyone know if that would be okay? I know some expunged records stay on your record but state that they are expunged. It may then be up to the individual employer. He'd also have to wait the State regulated time before applying.
But an airline might still see the original arrest, or the fact that there was an expunged record, which might influence their decision.
The real dilemma in cases like this deciding whether to disclose it in advance. If you do, you might never get called for an interview. If you don't, and they find out after they hire you, then you might well get fired.
It would be best to research state law relevant to the HQ of each airline you apply to, and use that to inform your decision.
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