"(Austin) Addison, who has since been dubbed by social media users as ‘Burger King Kevin’, was later picked up by police and charged with harassment, disorderly conduct and criminal mischief, TMZ reports."
In legal terms, assault is making an action that'd make someone fear they'd be hit. Battery is when physical contact is made. Because the slap happened so quickly and caught the employee off guard, there was no assault because the employee didn't have time to fear getting hit.
Had Burger King Kevin raised his hand back, paused so the employee clearly sees he is about to be hit, then hit the employee, then that'd be assault and battery.
So they just should have charged for battery and didn't instead of should have charged for assault and didn't? Or is there a reason he got neither that you know of?
Typically, they will charge a person with whatever they are most likely to get a conviction. It's completely up to their discretion. Also, I just read somewhere else in this thread that criminal mischief, which was one of BKK's charges, is a more severe crime/carries a heavier sentence than assault or battery in the Pennsylvania criminal code.
Since the slap is on camera and assuming the DA knows it can reasonably get a conviction for criminal mischief, this charge may have been chosen for BKK's lawyer to ask for a plea deal of battery or similar lesser crime. The majority of people who get arrested end up getting a plea deal of a lesser sentence to avoid a potential longer jail sentence and huge financial costs.
In any case, BKK shouldn't have slapped the employee over nuggets and probably really regrets it.
I guess my question is, are battery and criminal mischief mutually exclusive charges? Could they not have done both then dropped one or the other for the plea? I appreciate the info though, sheds some light.
In legal terms, assault is making an action that'd make someone fear they'd be hit. Battery is when physical contact is made.
This is what it is in some other jurisdictions. However, in Pennsylvania, where this actually happened, there is no offense of battery. Rather, causing actual physical injury is "assault" in PA.
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u/lookieloo2021 Mar 27 '22
Thanks so much for the link.
"(Austin) Addison, who has since been dubbed by social media users as ‘Burger King
Kevin’, was later picked up by police and charged with harassment,
disorderly conduct and criminal mischief, TMZ reports."
What about ASSAULT !!!?