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.

Filter by
Sorted by
Tagged with
31
votes
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 ...
21
votes
5answers
13k views

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?
21
votes
5answers
24k 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 ...
20
votes
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?
15
votes
1answer
3k views

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, ...
12
votes
1answer
9k 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
votes
1answer
94k 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 ...
8
votes
5answers
29k 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 ...
7
votes
2answers
4k views

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 ...
6
votes
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 ...
6
votes
1answer
7k 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 ...
6
votes
1answer
461 views

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 ...
6
votes
2answers
255 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 ...
5
votes
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 ...
5
votes
3answers
216 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 cause ...
4
votes
2answers
274 views

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? (...
4
votes
2answers
17k 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
votes
2answers
125 views

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 ...
4
votes
1answer
962 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 ...
4
votes
1answer
2k 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
votes
1answer
228 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 ...
4
votes
1answer
333 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
votes
1answer
769 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 ...
4
votes
2answers
11k 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. ...
3
votes
3answers
204 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 ...
3
votes
2answers
4k 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 ...
3
votes
2answers
9k 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
votes
2answers
719 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
votes
1answer
432 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
votes
2answers
292 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 ...
3
votes
1answer
4k 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?
3
votes
1answer
75 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 ...
2
votes
2answers
203 views

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 (...
2
votes
1answer
854 views

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 ...
2
votes
1answer
898 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
votes
1answer
56 views

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 ...
2
votes
1answer
107 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
votes
1answer
81 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
votes
1answer
150 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 ...
2
votes
3answers
8k 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 ...
1
vote
1answer
177 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 ...
1
vote
1answer
101 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 ...
1
vote
2answers
126 views

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.
1
vote
2answers
213 views

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 ...
1
vote
1answer
157 views

‘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 ...
1
vote
2answers
5k 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
vote
1answer
481 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
vote
1answer
64 views

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 ...
1
vote
1answer
187 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
vote
2answers
124 views

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 ...