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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12
votes
1answer
8k 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 ...
9
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1answer
88k 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 ...
7
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5answers
26k 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 ...
31
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3answers
11k views

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 ...
6
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3answers
2k 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 ...
3
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2answers
3k 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 ...
4
votes
1answer
723 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 ...
3
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2answers
8k 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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3answers
202 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 ...
0
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2answers
5k 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 ...
20
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3answers
30k views

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?
21
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5answers
23k 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 ...
4
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1answer
321 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 ...
4
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1answer
2k 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 ...
4
votes
1answer
220 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 ...
3
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2answers
283 views

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 ...
1
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1answer
475 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
4k 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, ...
0
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2answers
176 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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1answer
112 views

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 ...
-1
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3answers
128 views

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 ...