WTF is wrong with people?

chippewastud79 · 10-28-2010, 08:19 AM

Quote:

Originally Posted by icehog3

In Illinois, assault means putting someone in reasonable fear of receiving a battery. No contacts needs to be made, and certainly no injury needs to occur. The definitions and semantics vary widely from state to state.

In Kentucky, you pretty much need to be bloodied for it to be assault.

icehog3 · 10-28-2010, 08:23 AM

Quote:

Originally Posted by chippewastud79

In Kentucky, you pretty much need to be bloodied for it to be assault.

Yup, the word "assault" means very different things from state to state. In Illinois, your example would be "battery".

In Illinois, there also is no "assault and battery", as when you have battered someone, you have moved past assault, and if you have simply assaulted someone, you could not have committed a battery (all by IL definitions).

10-28-2010, 09:22 AM

Quote:

Originally Posted by icehog3

Yup, the word "assault" means very different things from state to state. In Illinois, your example would be "battery".

In Illinois, there also is no "assault and battery", as when you have battered someone, you have moved past assault, and if you have simply assaulted someone, you could not have committed a battery (all by IL definitions).

I am pretty confident that my dating life can be defined as "Assault and Flattery".

CigarNut · 10-28-2010, 10:56 AM

Quote:

Originally Posted by Zens7s

I am pretty confident that my dating life can be defined as "Assault and Flattery".

Is that a good thing?

mhailey · 10-28-2010, 12:23 PM

Quote:

Originally Posted by Zens7s

I am pretty confident that my dating life can be defined as "Assault and Flattery".

Not particularly in that order??

BloodSpite · 10-28-2010, 08:28 AM

Quote:

Originally Posted by chippewastud79

In Kentucky, you pretty much need to be bloodied for it to be assault.

Sounds like Georgia. At home you have to be on the ground bleeding and someone had to have seen it

icehog3 · 10-28-2010, 08:31 AM

Quote:

Originally Posted by BloodSpite

Sounds like Georgia. At home you have to be on the ground bleeding and someone had to have seen it

Sounds like most of these states define "assault" as Illinois defines "battery". Nobody said Illinois lawmakers were the sharpest knives in the drawer.

BloodSpite · 10-28-2010, 08:51 AM

Quote:

Originally Posted by icehog3

Sounds like most of these states define "assault" as Illinois defines "battery". Nobody said Illinois lawmakers were the sharpest knives in the drawer.

Battery in Georgia, is that thing we stick in our truck to crank it

croatan · 10-28-2010, 09:30 AM

Quote:

Originally Posted by icehog3

Sounds like most of these states define "assault" as Illinois defines "battery". Nobody said Illinois lawmakers were the sharpest knives in the drawer.

Texas defines both very similarly to Illinois--and, as far as I know, that's the majority view.

Sauer Grapes · 10-28-2010, 10:11 AM

Quote:

Originally Posted by icehog3

Sounds like most of these states define "assault" as Illinois defines "battery". Nobody said Illinois lawmakers were the sharpest knives in the drawer.

The common law definition, in pretty much every state is that assault is an action that causes apprehension of imminent physical contact of a harmful or offensive nature. Battery is contact of a harmful or offensive nature.

These aren't statutory (criminal) definitions, which will vary from state to state, but these are the accepted legal definitions. Also, there can be both assault and battery, or just one.

BigCat · 10-28-2010, 10:30 AM

Quote:

Originally Posted by Sauer Grapes

The common law definition, in pretty much every state is that assault is an action that causes apprehension of imminent physical contact of a harmful or offensive nature. Battery is contact of a harmful or offensive nature.

These aren't statutory (criminal) definitions, which will vary from state to state, but these are the accepted legal definitions. Also, there can be both assault and battery, or just one.

I'm a little removed from 1st year criminal law at this point, but I don't think that's correct. As far as I recall, if there is a battery, the assault merges into it. Sort of like an attempted murder charge merges into the murder if you commit one. One does not get charged for both attempted murder and murder of the same person.

Ahbroody · 10-28-2010, 10:53 AM

Quote:

Originally Posted by BigCat

I'm a little removed from 1st year criminal law at this point, but I don't think that's correct. As far as I recall, if there is a battery, the assault merges into it. Sort of like an attempted murder charge merges into the murder if you commit one. One does not get charged for both attempted murder and murder of the same person.

Correct sir.

Which is why someone would need to show the cigar removal was a battery. This would fall on its face. Leaving you a property claim.

Sauer Grapes · 10-28-2010, 12:07 PM

Quote:

Originally Posted by BigCat

I'm a little removed from 1st year criminal law at this point, but I don't think that's correct. As far as I recall, if there is a battery, the assault merges into it. Sort of like an attempted murder charge merges into the murder if you commit one. One does not get charged for both attempted murder and murder of the same person.

For criminal, you are correct, for common law torts, you can have both, which was what I was trying to say. Of course, when typing on my phone, I don't always format the best.

thebiglebowski · 10-28-2010, 12:20 PM

just read this thread and i'm totally shocked that someone would actually do this. i think the OP responded perfectly with the verbal attack, but turning the hose on her would've been the icing on the cake. although, if this woman was brazen enough to walk up and grab a cigar out of his mouth, i'd wager there might have been a real assault if she got sprayed...

i feel sorry for her kid.

10-28-2010, 12:20 PM	#14
thebiglebowski Jack White's Roadie... Join Date: Nov 2008 First Name: larry Location: music city, USA Posts: 665 Trading: (0)	Re: WTF is wrong with people? just read this thread and i'm totally shocked that someone would actually do this. i think the OP responded perfectly with the verbal attack, but turning the hose on her would've been the icing on the cake. although, if this woman was brazen enough to walk up and grab a cigar out of his mouth, i'd wager there might have been a real assault if she got sprayed... i feel sorry for her kid.