Questions tagged [assault]

The crime of creating apprehension of imminent harmful or offensive physical contact with another human. "Battery" is the crime of completing such contact.

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Why does assault sideline “imminent fear of harm in the future”, and require merely “fear of imminent harm”?

Concentrate Criminal Law (2020 7 edn) pp 52-53. The most common mistakes students make when explaining or applying the law on technical assault are: confusing fear with apprehension (see ‘The main ...
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Providing additional evidence to prosecutor

My question is this: My Granddaughter (allegedly) attacked her mother, and caused several injuries including one that will require surgery to her face. Is it possible to ensure that evidence is ...
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Domestic violence - please advise

Yesterday I witnessed a girl being brutally beaten by her boyfriend. He was sitting on top of her with her face in the dirt, screaming and crying. Never seen anything like it. I unfortunately didn't ...
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Would it have been legal to step in and prevent the death of George Floyd? (Interfere with arrest to save a life) [duplicate]

I know this is a viral topic right now but I don't mean to ask it simply for the sake of hype and controversy. I am genuinely curious about it. If this question isn't appropriate here, please advise ...
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Is it legal to ask to be shot?

Say I ask someone to shoot me non lethally. Not assisted suicide, Just shot. Is this legal? Isn't it like asking to be assaulted with a deadly weapon?
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If someone attacked me with a weapon twice and I hit them back once is that self defense?

Scenario: If John was walking his dog and another pet owner made him aware their animal will attack his dog, which it then goes on to do (in a public park) and John intervenes and stops the animal ...
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charged with assault, charter right sec 10(b) violated

This is in Canada. Police laid an assault charge against me after my wife called 911 during our quarrel, she was in baby blue. While in the police station, the officer prepare some paperwork for me ...
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What is the definition of a “reasonably prompt conclusion” to a case, and are there any consequences for not providing it? [duplicate]

I would like to give some background to help explain my question. I am not very familiar with legal terminology so feel free to ask for clarification if I write something that is not clear. My wife ...
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‘I will beat you up next week’ — Why aren't, threats to be violent in the distant future, assault?

Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 75 What does ‘imminent’ mean? The victim’s apprehension must be of imminent harm. It is well established that a threat to be ...
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Can involvement of third party be a factor lowering culpability and leading to non-prosecution decision?

A person I know (she lives in Maryland) was a victim of a minor assault where she was pushed around and her face grasped. Thankfully she did not suffer bodily harm. The two assailants admitted the ...
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Pressing charges for domestic assualt

My husband (now ex husband) was arrested for domestic assault after pushing me so hard my head hit and broke a table. I didn't press charges at the time because I was afraid of him and under duress ...
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If a security guard wrongly physically stops you, is that assault?

Suppose you are a law-abiding citizen, but a security guard wrongly thinks you stole something from a store. Without warning, the guard physically restrains you. Could you press charges for assault? (...
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Car accident and now charged Assault

This took place in NJ. So I was in a minor fender bender car accident with a mid age woman. I was at fault being that I hit the rear bumper. I right away asked her if she was ok and she asked me to ...
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Looking for any case that connects an assault and the signing of arbitration agreements, possible duress

Heading off the obvious response; I have already tried multiple search engines. There is so much "noise" from unrelated cases that I can't find what I'm looking for with a simple web search. I'm ...
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I read this story about a physical assault. How much of it actually makes sense? [duplicate]

I read this story about an assault, and I'm wondering if it adds up or not. So these two guys get into an argument, and it gets really out of hand, causing one of the guys to tackle the other guy and ...
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I just read this story about a lawsuit. Does it make any sense? [closed]

I read a fictional story about this assault/lawsuit, and I'm really stuck on some of the details. I'm trying to figure out if it was actually written correctly or not... So this guy assaulted another ...
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Restraint classed as assault after suspecting unconsented photo

May not relate to law but it falls under exercising justice. I was in school (higher student) when a younger student had their phone pointed at me and the flash went off. I suspected he took a photo ...
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Is it illegal to touch someone without permission in Canada? Can a girl punch a guy without getting in trouble in Canada?

We were having an in school field trip and got put into random groups. I was with 2 dudes and 1 girl. 1 dude kept putting his arm on my desk and I asked him to remove it.Then he kept touching me. It ...
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Is it ever not legal to cause harm to escape non-institutionalised harm? [closed]

Is there ever a case where your legal duty to care/not harm someone causes you to not be able to legally retaliate against non-institutionalised harm? Examples do not have to be specific to any ...
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Retaliation to being spat in the face

I understand the spitting at someone intentionally in the UK is an act of assault; my question is more in the relation to the acceptable forms of retaliation, whether throwing a punch for example ...
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Is it illegal to say online that a particular individual should be assaulted?

I'm on an online chat system for a game and one player said "Mr X needs to be stabbed in the throat" (actual name changed). The statement was accompanied by an image designed to give maximum offense. ...
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Contact sports and assault

So I have a question regarding contact sports (football, boxing, martial arts, etc.) and why the contact is not considered assault. I've read the code and do not see any sort of exemptions mentioned ...
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Difference between felony assault of an adult vs felony assault of a minor?

I recently asked this question describing a hypothetical grievous assault scenario. I thank those who answered for their specific / accurate info. I want to further understand how it affects the ...
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What would the correct technical charge be, for mutilating sexual assault?

If you strapped down an adult man by the legs and arms, naked, against his will, then cut off part of his penis without painkiller and without consent, what would the charge be? (Interested in USA ...
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Are martial artists held to a different standard?

At the beginning of the movie Con Air, the main character is presented as an ex-Green Beret who is attacked by 3 people outside a bar. He defends himself and his pregnant wife during the fight until ...
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Is it legal to approach a threatening situation openly carrying a firearm?

Imagine this: A man is threatening you on your porch. You come outside with a rifle (muzzle pointing at the ground in a open carry stance) and politely ask him to leave. Is this brandishing or open ...
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Why does the victim have to press charges?

Case in point that was in the news: "BART identifies man in viral video of racist attack on train", East Bay Times A California man attacked a stranger while expressing his hatred of the victim's ...
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Do footballers ever get in legal trouble if they commit a violent foul?

Consider this infamous example when Zidane headbutted an opponent in the 2006 world cup. He got a red card, but if he'd done a similar thing while walking down the street, he might have ended up in a ...
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What could be the legal consequences of the “street justice” beating of a person by another?

A pervert walks past some kids and sexually exposes themselves. They then walk towards the father of the children they just exposed themselves to, as words were exchanged. The father proceeds to exact ...
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Is sexual assault a type of assault?

During a discussion, someone explained that rape is sexual assault. During his description, he stated, "assault = rape," but in context (he was differentiating between assault and harassment), he ...
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What are the limits on categorising someone's statements as 'hatred' in regard to freedom of speech?

In the US there exists a freedom of speech. (There is a similar concept in other countries). This is guaranteed by the first amendment. John Stuart Mill argued for a limitation to free speech, known ...
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how can civilan security personel do their jobs without risk of being guilty of assult or related crimes?

As I understand it assult can include the implied threat of using physical force against an individual, such as looming over someone, to compell them to do something. I believe many US states also ...
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How can I tell what is meant by “assault”, as opposed to “battery”?

In English law, I'm struggling to find a consistent definition of "assault", or at least, a way to decide what definition to apply: Sometimes it appears to mean "to intentionally or recklessly cause ...
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Would you be convicted of assault, etc. for defending the passenger in the United incident?

I'm wondering what would have happened if one of the passengers who was witnessing the United incident unfold had stepped in and tried to defend the doctor, by force. Note that I'm assuming the ...
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Can Person 2 press charges?

Person 1 harasses Person 2 for three days. Person 2 dumps Person 1's personal belongings onto floor. Person 1 attacks Person 2 with wrestling, hair pulling, hitting and kicking. Person 2 responds, ...
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Is it illegal to encourage someone to fight you?

If someone pisses you off, can it be illegal to tell them to fight you?
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Dodging police bullet illegal?

Would dodging, or otherwise itentionally avoiding, being shot by the police be considered resisting arrest? Mainly regarding U.S. law, but interested if any other law adresses this.
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Are so-called “BDSM Contracts” legally enforceable? What specific laws would forbid this?

This is a serious question, and I'm hoping and thinking the answer is no, but I was hoping to get perspective. I heard from someone online claiming to be a law student that they might be, and I was ...
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Legal definition of assault?

In Massachusetts, penalties are established for "assault" upon a person, but apparently there is no definition of "assault". So, what constitutes an assault could apparently be open to interpretation. ...
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What if a Dog attacks an intruder?

If your pet dog were to attack an intruder during a violent home invasion and seriously injured him, does the dog need to be put down?
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Legality of absolving martial arts class of responsibility if injury or death occurs?

Although people sign a declaration before skydiving, that they are aware they may die, the parachuting center can still be charged for manslaughter if the parachute doesn't open. Does the same ...
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Can you legally defend yourself against an attacking police officer?

If a police officer physically attacks you, with or without intent to arrest, can you legally defend yourself? Assume that the police officer punches/kicks/grabs first, and you are not guilty of any ...
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Is it self defense to use force on someone threatening violence but hasn't used it yet?

Here is the example video: https://www.youtube.com/watch?v=ALNIPwh8I54 (a little violent but not too much) Given the answers to Are you allowed to strike a person if they say you can? and Does anyone ...
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Assault in an airplane aisle

Consider the following scenario: A, B, and C are passengers on a single-aisle commercial airplane that is disembarking in New York. A is blocking B from passing. A makes way for C to pass, but C ...
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Are you allowed to strike a person if they say you can?

It's my understanding if a person agrees to fight then it's legal. So if they say "hit me" does that mean it's legal for a person to hit them? What if they obviously mean it in a sarcastic way, or ...
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Does anyone know if this counts as assault?

I saw this YouTube video where a reporter tries to follow a man into his business. The man punches the reporter in the face. Does anyone know if this was ever taken to court? If not, would it likely ...
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Differences in assault

This morning, on Law Stack exchange there was an item by someone which included the following comment: A police officer detains you by issuing a command of some sort. For example, "Stop, stay ...
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Is defending someone being physically attacked self-defence or assault?

Suppose one day a vicious attacker (let's call him Thug) assaults Emily in the street. A bystander (let's call him Paul) rushes to Emily's aid, attacking Thug in her defense. After a few minutes, Thug ...
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Are there situations where it is legal to threaten someone with a gun but not legal to fire the gun?

One of the essential rules of firearm safety is to never point a gun at anything or anyone you do not intend to shoot. It also seems to be a consensus that whenever it wouldn't be lawful to shoot ...
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Under what circumstances is it OK to intentionally drive at people?

If a civilian is driving a car towards a person who is a police officer, that is historically sufficient justification for the officer to apply the instant death penalty against the driver. Even if a ...