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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Is it legal to punch someone in the face if they ask to buy your daughters and wife at a fancy restaraunt?
Imagine you are eating dinner at a fancy restaraunt with your wife and three daughters, aged 7, 11, and 16…
A patron at the table behind you shoves himself in between you and your wife. He boasts in a ...
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What is the threshold for reasonable force when one is being mugged or assaulted?
Bob was mugged and assaulted by a gang of three youths, and when later standing on the side of the street chatting with a stranger about the incident they said that what they would have done if faced ...
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Does an assault given rise to by a criminal provocation of violence still constitute an offence? [duplicate]
A person A commits a s4 public order act 1986 offences against another B, for example by getting right up into his face and then saying to him “go ahead, why don’t you try and hit me, I dare you.” ...
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Is there any further aggravated designation for assault that is not based on the harm caused to the victim’s body?
Common assault can be elevated from summary only to an either way offence like actual or grievous bodily harm if the assault actually occasions actually some definite bodily harm.
But are there any ...
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Can video evidence be used to dismiss a criminal case with a motion prior to a trial or a preliminary hearing?
If someone has home video evidence to prove their innocence of NO probable cause against assault charges submitted by the police against them (claiming probable cause) how do they submit the video in ...
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Do any jurisdictions apply a principle of straws-on-camels-back when considering the appropriateness of escalation?
I am trying to understand, in general, how laws apply to the use of violence between two individuals, when the circumstances of the use of violence was one of continuous escalation. I invite and ...
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Is use of force in defense of another legal if the person being defended opposes the use of force?
Bob threatens John with a gun. Alice, who is also carrying a gun (legally), draws her gun and aims at Bob, intending to shoot him in defense of John, who is unarmed. John says to her, "Don't ...
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Can somebody be charged for having another person physically assault someone for them?
For example, if a friend asked her father to physically assault me, and her father did it, can the friend who asked her father to assault me also be charged with assault?
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Were any crimes committed in The Duck Song?
https://www.youtube.com/watch?v=MtN1YnoL46Q
Let's take the song in a different direction:
TL;DR version
A duck repeatedly visits a lemonade stand, asking for grapes. Each time the proprietor says he ...
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Is assault resulting in PTSD considered as causing serious harm?
Is Post Traumatic Stress Disorder (or Complex PTSD) treated as an injury, serious injury or life-changing injury in cases of assault ?
I am interested in answers from any jurisdiction.
In response to ...
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what does "force" and "criminal force" apply to in Indian Penal Code?
how is "force" interpreted in section 349 Indian Penal Code?
Force.—A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or ...
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Does punishing someone illegally for their wrongdoing forfeit the right to seek compensation?
Jim the Bicycler, unfortunately, can sometimes be rather reckless. And as a result of his reckless cycling he hit Joe the Pedestrian, then fled. There is no doubt that Jim is fully responsible for the ...
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Is it legal to use force against a person who is trying to stop you from rescuing another person?
Alice has been severely injured or is otherwise in danger. Eve wants to help Alice, but Bob is somehow preventing her from getting to Alice. Assume that Bob is not threatening to harm Eve; he is only ...
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Is Entrapment illegal by the officer committing it?
It's fairly well known that Entrapment can be considered a valid affirmative defense for the person who was induced to commit a crime. However, say that a police officer entrapped someone to, e.g.:
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If you taunt someone, then are you disqualified from "self-defense" when they become violent with you?
Dave is angry and intoxicated. Terry the Troll goes up to Dave and starts insulting him and his mother (etc.), and Dave lashes out and starts trying to beat up Terry.
My question is if Terry "...
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How many people are charged and convicted for actions that are part of BDSM activities?
I was reading the answers to a questions I posted earlier, and I realized that my own question's assertion that BDSM activity "produces a sizeable risk" to the person doing the "S" ...
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Can a person in BDSM relationship legally protect themselves?
A large part of BDSM lifestyle is the "SM" part - namely, a desire by two sides of a couple, to inflict pain on another, or have pain inflicted on them (if done right, obviously in a ...
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Can players and coaches be held criminally liable for actions that they take beyond the scope of their game?
Back in 2012, the NFL charged the New Orleans Saints with running a bounty system from 2009 to 2011 with the stated goal of knocking out opposing players via injury thereby improving their odds of ...
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Would it be illegal to forward CCTV footage of someone committing a crime to their employer? (UK)
An incident has occurred where an individual in a private business committed an offence (common assault/battery).
As expected the police seem fairly unmotivated or interested however a quick Google ...
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Is being harassed or provoked a valid defense for assault?
Earlier this year, Mike Tyson was recorded assaulting another airplane passenger after the victim "harassed" and threw a water bottle at Tyson. The victim apparently needed medical attention;...
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Assaulted by store employee: who is liable?
Meet Bob. Bob was egregiously assaulted by a stores security guard who damages his phone and vehicle. One of the other employees grabs his phone out of his hand on retribution for attempting to ...
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What factors determine whether an assault will be vigorously looked into pursued and charged by the police or not?
Meet Bob. He has filmed some thugs assaulting him by shoving, hitting, kicking at him and forcibly taking his phone away on the street until a passerby finally strongly urged him to give it back.
Bob ...
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Is it legal to throw small objects (eg. candy, paper clips) at someone
Is it legal to throw mall objects (eg. candy, paper clips) at someone periodically throughout the day for multiple weeks. I know this may strange, but I follow this person around and throw small ...
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What's the difference between a police report and a signed complaint? (in US/IL/CA) (apropos Highland Park mass shooting)
I'm listening to today's "Democracy Now" (6July2022) and apropos the Highland Park mass shooting, it shows
a spokesman for the sheriff's office stating:
[The shooter] said he was going to ...
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Is there a quick and easy legal way for the safety of tenants to be guaranteed in this situation?
This takes place in California. A boarding house is shared between 4 people, which are 3 tenants who have leases, and one homeowner.
The homeowner, 75, has been diagnosed with dementia 2 years ago but ...
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What are the guidelines for compensation value for assault in which there was no physical (nor psychiatric) injury sustained?
Anther recent question was answered with a reference to a textbook which I don't have access to, but it gives examples such as injuries to an elbow.
How much are guidelines for general damages in a ...
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How are general damages for assault calculated?
For example, in discrimination suits, one has the Vento scale as a guide to calculating damages. Does anything similar exist for trespass to person?
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What are the possible criminal sanctions for assault? [closed]
If an incident of assault is investigated by the police, what are the possible recourses that can be taken to sanction the individual in cases where the victim suffered no physical injuries?
Also, ...
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In what court would one sue another for assault as trespass to person?
In England and Wales, what court can one use to sue another for assaulting them.
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What is the time limit for reporting an incident of criminal assault to the police for which you possess video evidence?
Suppose Bob assaults Alice by punching and kicking her, as well as surrounding her with a bunch of colleagues with her back against a wall because she voiced political viewpoints which Bob and his ...
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Is it possible to claim civil compensation for assault with video evidence available?
Obviously assault is a criminal matter, but what provisions are available that govern claiming civil compensation for assault for which indisputable video evidence exists?
Is a police report required ...
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What is actually the difference between a *crime* and a *civil wrong*?
I have two questions I'd like some help on, the answers to which potentially depend on each other.
The first is a working definition for a civil wrong (as opposed to a crime). The second is whether ...
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If someone swings his fist in your face to intimidate you, are you justified in hitting him in self-defense?
When Bob is angry arguing with his friend Harry, he tries to intimidate him by swinging his fist in Harry's face a few centimeters away, without actually hitting him.
If Harry hits Bob in self-defense ...
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Foul-Mouthed Australian Teen Gets Dose Of His Own Medicine After Threatening An Elderly Man
This is a story of an Australian teen (https://hellocare.com.au/foul-mouthed-australian-teen-gets-dose-medicine-threatening-elderly-man/) who yelled at and threatened an elderly man and was grabbed ...
user44651
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Will Smith physically assaulted Chris Rock at an awards ceremony. No charges pressed by Rock. Can someone else?
I understand that, live on television, the actor Will Smith physically assaulted the comedian Chris Rock in response to a joke about Smith's wife. https://www.bbc.com/news/entertainment-arts-60897004
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Not guilty defense nomenclature
A Deputy fired after putting knee on Black man's neck.. The news article reports:
A relative of the man was arrested when she tried to intervene,
according to the news report.
Let us assume that ...
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Can a booby trap be used to stop an active shooter?
I am wondering if it is legal to set up a booby trap to stop an active shooter.
For example, say that there is an active shooter inside a factory and a worker there places something heavy like an ...
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If a person punches my wife and I am right there, do I have a right to punch that person, or use a singular subduing technique in response?
Background
The other day my wife and I were ordering takeout from a restaurant. As we were leaving there was a really narrow doorway of people coming in and out. My wife, probably out of a mix of ...
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Would a dog attack ever be considered an assault with a deadly weapon?
Ingrid and her neighbor Fatima have a long standing dispute. One day Ingrid's dog bites Fatima.
Aside from civil liability, are there circumstances where Ingrid might face assault charges, including &...
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Does grabbing someone by the jacket constitute assault?
What is considered assault in England ? An example Person A swore at Person B and was grabbed by the jacket by person B in a casino.
Has Person B committed assault even though person A may have ...
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Can a property owner detain a trespasser?
In a jurisdiction in which trespassing can be a crime, can a property owner detain a person discovered trespassing on the property?
Example: A landowner discovers an unknown person standing on his ...
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Does pulling a gun in self defense still count as an assult?
I was speaking with a coworker who was using an example of pulling a loaded gun to drive away a mugger who as armed with a knife, with the mugger fleeing without shots being fired. He said the ...
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Why are assault and battery often both charged for the same crime?
Assault seems similar to "attempted battery", so it feels akin to charging "attempted murder" whenever "murder" charges are brought.
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Is blocking someone from getting a vaccine illegal?
If a vaccine has a definite proven effect in protecting someone from getting a deadly disease, is blocking them from accessing the vaccine illegal? What laws would be broken?
I'm reading several news ...
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Is dry humping sexual assault?
Can fully-clothed dry-humping someone without consent count as rape?
And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the US?
Does it matter whether the ...
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Alternate recourse to assault
https://abcnews.go.com/GMA/News/surveillance-video-released-hotel-incident-jazz-musicians-son/story?id=74985452&cid=clicksource_4380645_7_heads_posts_card_hed
Given the assault shown on the video (...
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Is spitting on someone an assault? US and UK
In this video a woman is shown spitting on store staff.
This appears to be before covid mask regulations.
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In the US and UK, would this constitute assault and what penalties are applicable?
If ...
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What constitutes a threat
Assuming no other details are hidden, and you only have the following facts, would it be enough to classify the case as a reasonable threat?
Person A and B are roommates.
Person A is upset with ...
user27267
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Where is the line between assault and self defense?
Suppose that someone of whom one is not fond walks up to you while you are having a conversation with another and stands quite too close for comfort and you ask them to get out of your personal space. ...
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Can online physical threats be reported as crimes and to what agency?
Someone has made repeated physical threats (essentially, that they will beat me up) in multiple FB discussions. This person presents themselves under their real identity (is not a troll with a fake ...
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