Originally
posted by
Riddler:
well he didn't physically assault the kid, he merely scared the fluff out of him, I can see if he was punching the kid or smacking him, he just wanted to scare the boy
how fluffing stupid are you? jesus christ
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from
http://www.law.cornell.edu/wex/assault
1. Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. No intent to cause physical injury needs to exist, and no physical injury needs to result. So defined in tort law and the criminal statutes of some states.
2. With the intent to cause physical injury, making another person reasonably apprehend an imminent harmful or offensive contact. Essentially, an attempted [[wex:battery]]. So defined in the criminal statutes of some states.
3. With the intent to cause physical injury, actually causing such injury to another person. Essentially, the same as a [[wex:battery]]. So defined in the criminal statutes of some states, and so understood in popular usage.
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from
http://criminal-law.freeadvice.com/...rimes/assault_battery.htm
In some jurisdictions assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim while battery is the actual physical impact on another person. If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this might be battery. Even a minor touching can qualify as batter providing it is painful, harmful, or offensive to the victim.
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or from wikipedia:
In common law, assault is the act of creating apprehension of an imminent harmful or offensive contact with a person.[1]
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law. There is, however, an additional criminal law category of assault consisting of an attempted but unsuccessful battery. The term is often confused with battery, which involves physical contact.
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now, smartypants... assuming that the witness' account of the events:
'Witnesses reported the man, identified as Malvin Craine (33 years of age), walked onto the bus and confronted a six-year-old boy. Craine allegedly grabbed the boy by the jacket, took off his own belt and threatened to strike the boy if the child didn't leave his daughter alone.'
is correct, pleaseeeeeee explain to me how what this guy did was not assault?
battery = grabbing boy by the jacket
assault = taking his belt off and threatening to strike the boy
i dunno why, but i'm just now realizing how fluffing dumb some of you AT posters are :O how do you guys function? please tell me you dont drive a vehicle!