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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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 ...
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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. Question 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 ...
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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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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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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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‘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 assault

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 civilian security personnel do their jobs without risk of committing assault or related crimes?

As I understand it assault can include the implied threat of using physical force against an individual, such as looming over someone, to compel 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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