I just finished Rectify season two - on Netflix now (5 stars).
I can’t really ask this question without revealing anything, so please consider this a spoiler alert.
In the first season there was an incident where the obnoxious step-brother taunts Daniel about being raped in prison. Daniel reacts by choking him out, pulling down his pants, and leaving trail of coffee grounds leading away from Ted Jr.'s butt-crack.
Assuming these are the facts, what crime has been committed?
Obviously there’s a misdemeanor assault. But I don’t think it’s aggravated. No deadly weapon, no serious bodily injury.
The prosecutor might go for attempted agg assault, or attempted murder, since Daniel could have killed him, or left him brain damaged. But neither of those things happened, and it’s reasonable to infer from Daniel’s actions that wasn’t his intent, since he could have done those things, and didn’t.
The sexual assault charge depends on penetration. But in his first statement, Ted said that didn’t happen, or at least he didn’t think it did.
Without evidence of penetration, I think the State is left with just the misdemeanor assault.
What do y’all think?
Is there another charge they can get him for?