A lot of people don’t reslize that even an unwanted touch can be considered an assault.
Even if this goes nowhere, it might make mad Maxine pause the next time she wants to get in someone’s face.
I love it.
Yep, and I guarantee you if Laura had waved a bunch of papers in Mad Maxines face and inadvertently made contact, there is no doubt she would have been charged with assault. And it’s on video, Mad Maxine did it twice.
Then stuck her tongue out like a child. Which she is, mentally.
Assault and battery often bring up images of the typical fight or brawl, and some states combine the two offenses. However, the terms are actually two separate legal concepts with distinct elements. In short, an assault is an attempt or threat to injure another person, while a battery would be actually conftacting another person in a harmful or offensive manner.
If you read the cali law....all you gotta do is put yourself in a position to strike (and be able to do it) and that can be an assault...ex...old man in wheelchair raises fist at you...no assault...19 year old football player not in wheelchair does same...assault!
A touching is “battery”. Assault is the threat .
One of my higher ups found that out in a pricey way.
Her kid touched another, all innocent but it wound up being considered assault.
True that, and many also don't quickly separate civil law from criminal law.
Loomer has filed a criminal complaint in this case, so the controlling law would follow the jurisdiction. DC code is "Whoever unlawfully assaults, or threatens another in a menacing manner" so we have to look to case law for application.
The threshold in civil law also follows the jurisdiction, but generally aims to divide between what society considers acceptable behavior from unacceptable. And complicating that, the same conduct may be socially acceptable in one context, and unacceptable in another. Say for example, an attempt to kiss a person, but being pushed off (unwanted advance). If part of courting, okay. If random, not okay.