whoaskew |
07-08-2015 12:45 PM |
Quote:
Originally Posted by beach tribe
(Post 11585684)
Balling a fist and actually laying your hands on someone are two different things. One is assault, the other isn't
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Actually, you have it backwards according to the legal definition of assault, as was taught to me in Pre-Law club back in college.
http://legal-dictionary.thefreedictionary.com/assault , defines assault as:
"Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim.
The act required for an assault must be overt. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim.Intent is an essential element of assault. In tort law, it can be specific intent—if the assailant intends to cause the apprehension of harmful or offensive contact in the victim—or general intent—if he or she intends to do the act that causes such apprehension. In addition, the intent element is satisfied if it is substantially certain, to a reasonable person, that the act will cause the result. A defendant who holds a gun to a victim's head possesses the requisite intent, since it is substantially certain that this act will produce an apprehension in the victim. In all cases, intent to kill or harm is irrelevant."
I am not taking up for the player here, because we don't yet know all the facts, just trying to point out the difference between "assault" and "battery" as defined by the law.
Assault: the woman first verbally threatens him and shortly thereafter balls up her right hand
Battery: kneeing him in the balls and then punching him with her left hand
It will be interesting to see how the law will interpret his responses to her actions.
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