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Assault predicated upon the conduct shown. as the police captain noted, brianna and jim, what had occurred with the assault three is that assault three is a misdemeanor, that means it s punishable by up to six months in jail, generally an assault three means there are no weapons involved, but you do intend to cause physical injury and physical injury indeed has been caused. and so i think at this point they also alluded, my third take away, is what you both spoke about and that is not no hate crime at this point in order obviously for there to be a hate crime determination it would mean that they were able to assess that this was motivated by some type of hate based on race. right? that would be a critical component. they have not yet made that assessment. as it relates of course to the issue of not only hate crime, but the issue of inciting a riot, the final piece of this, is that they ve made an assessment that no one at this point engaged in conduct that ....