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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 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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5answers
19k views

Why aren't athletes charged with assault?

Athletes get into brawls and whatnot all the time. Mike Tyson even bit a guy's ear off. Why aren't they charged for assault and sentenced to jail time? I understand that athletes might get hurt ...
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3answers
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If my spouse gets arrested for domestic violence but I do not press charges, will that still be on his record?

First time I've ever called the authorities on my husband for Domestic Violence. He was arrested, however, I didn't press any charges, will it still be on his record?
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1answer
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Is an implied physical threat via looming over someone legal?

Lets say that two individuals approach another person and start asking him questions or ask him to do something (for instance leave an area). They do not make any explicit verbal threats. However, ...
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1answer
3k views

Can I defend myself from excessive police force?

Hypothetical situation: Say the police are chasing me. I get tackled after which I go limp and stop resisting. Subsequently the officer starts throwing elbows to my face. I'm not sure why he's ...
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1answer
3k views

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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6answers
13k views

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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1answer
708 views

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 ...
5
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1answer
486 views

When can someone who's not a police officer use physical force?

When can a civilian use physical force on someone? Are there any other times besides in self defence? Is it legal to use physical force in the event of an emergency, for example if you shove someone ...
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2answers
16k views

Did Zoey Tur assault Ben Shapiro?

Alleged Facts On this video (at time marker 5:32-5:36), Ben Shapiro alleges Zoey Tur committed the crime/s (and/or tort/s) of assault and/or battery against Shapiro. (I believe) the incident occurred ...
4
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1answer
508 views

How did they get away with making films like Bumfights?

How did the founders of Bumfights and Indecline videos get away without being charged? They literally make money from their website which shows videos of them instigating fights and doing graffiti. ...
4
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1answer
203 views

What qualifies as “violent” and “assault”?

I was reading the following news: http://www.timesofmalta.com/articles/view/20150719/local/update-3-veteran-actor-john-suda-charged-with-violent-indecent-assault.577272 Essentially a person is being ...
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1answer
117 views

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 causes ...
4
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1answer
1k views

Why can security guards/bar bouncers physically remove a person and it's not considered battery?

This is a follow up to this question about when someone can use force on another person. Are security guards or bouncers, such as at a concert or night club, given special privileges since they work ...
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2answers
4k views

If a fight escalates, do both parties get charged with assault?

Many fights start out benign but evolve into something more dangerous. For example someone responds to a shove with a punch to the gut, and he responds with a punch to the fight, and it escalates. ...
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3answers
180 views

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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3answers
465 views

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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2answers
2k views

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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2answers
3k views

Is it assault to squirt someone with a spray bottle?

Is it considered assault to squirt someone with water from a spray bottle in New York? Can it depend on the outcome?
3
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2answers
542 views

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 ...
3
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1answer
292 views

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 ...
3
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1answer
205 views

Outside of regular self defence, when is fighting legal?

I know this is a weird question. I'm curious as to what counts as assault, in the sense a person would be likely found guilty of it in court. Generally assault is considered fighting someone who did ...
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2answers
103 views

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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2answers
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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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1answer
2k views

Is it an offense to attack someone with a toy water pistol?

If someone started yelling and swearing at you on the bus can you pull a water gum and spray water in their face? or maybe do it with a bottle of water. Would you get arrested for that?
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1answer
66 views

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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1answer
45k views

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 ...
2
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1answer
649 views

Can a football player be prosecuted for tackling a fan?

A hypothetical scenario: An athletic event is being played in the U.S. (Let's say it's American football). A fan runs onto the field and disrupts the game. A player performs a rough, aggressive "...
2
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1answer
93 views

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 ...
2
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1answer
78 views

Obtaining the identity of a person who committed assault and is attempting to flee?

This did not happen to me, but to a family friend who works as a waiter. I'm researching, should I fall into a similar situation: A customer and the waiter get in an argument, to which the customer ...
2
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1answer
146 views

Arizona form to allow victim to speak to defendent

Upon an accidental argument/fight in which the husband is being told of assault for pretrial and if the wife which is the victim is wanting to talk to the husband (defendant) then the victim should ...
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3answers
4k views

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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1answer
166 views

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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1answer
92 views

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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2answers
2k views

Can physical force be used to protect your property?

When can physical force be used outside of personal self defense? If you see someone repeatedly kicking your car can you chase him away? Say someone is at your door step and pushes past you inside, ...
1
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1answer
304 views

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 ...
1
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1answer
60 views

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 ...
1
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1answer
90 views

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 ...
1
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1answer
56 views

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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1answer
335 views

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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2answers
254 views

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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1answer
4k views

Terms of Self Defence in public place in UK (England)?

I have question about when self-defence applies and charges are not put on a person who was hit, in English Law, in two scenarios: Let's say John and Jane have a discussion which gets heated but no ...
1
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3answers
161 views

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 ...
0
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2answers
155 views

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 ...
0
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2answers
178 views

How is a bicyclist regarded in a road rage incident with a bus?

I was on a bicycle. A bus was tailgating me and honking his horn. When we stopped at light I twisted his mirror around. Did I commit any crimes? Driver was trying to scare me or he was just a ...
0
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2answers
97 views

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 ...
0
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1answer
80 views

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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1answer
137 views

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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1answer
424 views

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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2answers
2k views

Would a police do anything if someone is provoking a fight?

I'm not looking for legal advice from a lawyer. I'm living in a shared house with a bunch of young people and one is trying to provoke a fight with me. After getting in my face and trying to ...