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To: Tax-chick; Stoat; nmh
We often see the word “assault” and think it means hitting, shooting, or other physical harm, but that’s often not the meaning in law.

The way it was taught to us in Oregon & California, was that 'assault' occurs when there is a credible or actual attempt to inflict bodily harm: i.e, throwing a punch or kick whether or not it connects.

Battery, OTOH, is actual touching, as in the punch, slap, kick, etc actually makes physical contact with another...whether that was the intended target or not.

One can assault one person; fail to connect, and also be guilty of battery by accidentally hitting a third party.

Example: A swings at B; B ducks, and C, standing nearby is struck A. Assault upon B; battery upon C.

43 posted on 12/31/2008 4:08:37 PM PST by ApplegateRanch (The mob got President Barabbas; America got shafted)
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To: ApplegateRanch

Good explanation. In Texas, though, assault could be verbal as well as a physical effort.


44 posted on 12/31/2008 4:38:04 PM PST by Tax-chick (You exist, okay? YOU EXIST! Now stop talking to me!)
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