gut;1540447 wrote:I don't think it matters. If you have witnesses or visual evidence he had a group backing him up, whether they were directly involved or not, I think a case can be made for felonious assault on multiple levels.
One COULD be among a group of friends and not realize that two of them have elected to play said game. Seems like it would be too easy for the rest to say, "I don't know why he did it," without much evidence to rebut the claim.
gut;1540447 wrote:The threat and potential for harm matters.
But the felt threat or potential for harm doesn't make someone guilty of a crime, though. If I feel threatened by a guy walking down an alley behind me, whom I perceive as "creepy looking," it doesn't follow that he can justly be charged.
In the same way, being in the proximity of a felony and even knowing the perpetrator doesn't inherently establish guilt, and I think it would be rather difficult to prove any more than that without video evidence.
gut;1540447 wrote:And from the perspective of the victim, if one guy approaches to attack you with several friends who could jump in. To me that's pretty similar to assault with a deadly weapon because this is a fight you can't win, so you can't really defend yourself. Potentially facing 3 or more guys might as well be the same as a guy pointing a gun in your face - trying to defend yourself could very likely result in death.
It's a stretch at best, though, because who is to say that the onlookers would actually jump in? That seems speculative. They could easily deny any inclination or intent to do so, and again, there seems to be no rebuttal to that.
The victim's perspective is subjective, which is the problem. I can sympathize with the feeling that they "might" jump in, but the victim's fears and/or emotions aren't evidence of anything.
gut;1540447 wrote:In such a case, I think the jury should have the option to consider felony assault.
I just don't see it. For a jury to consider felonious assault, I think there would have to be some kind of evidence against those looking on, given the innocence until proven guilt. I can't see any reasonable proof ... or evidence that is anything but circumstantial, really.
Keep in mind, I'm not suggesting an entire group of bored little shits would be involved. I'm not saying they wouldn't DESERVE the charge if they're involved. I just don't think you can prove it.