WTF is wrong with people?

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	#4
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.