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Questions tagged [battery]

A criminal offense consisting of offensive or harmful physical contact.

2
votes
2answers
886 views

Pressing Battery Charges

As I understand it: Battery is the act of intentionally touching or applying force to another person such that the person suffers harm or offense. Q1: What is the correct verbiage to communicate to ...
0
votes
2answers
153 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 ...
-1
votes
3answers
107 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 ...
32
votes
3answers
10k 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 ...
1
vote
1answer
132 views

What degree of force is permissible in self-defense against battery? [duplicate]

What degree and types of force is person A allowed to exert against person B to avoid battery by B? Does it matter whether the battery is threatened or occurring? What would be some guidelines for ...
5
votes
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 ...
6
votes
3answers
28k views

What is the status of mutual combat in the USA?

Curious because I see posted sometimes (on various sites, as a 'fun fact') that there exist jurisdictions (e.g. Seattle, WA) where if both parties agree beforehand to 'mutual combat' then neither ...
0
votes
1answer
164 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 ...
-2
votes
3answers
2k views

Is an act of battery/assault - characterized as an 1st Amendment opinion - itself protected speech?

A friend on Facebook posted an article proposing that burning an American flag be made an act of treason in the United States. I pointed out that in Texas v. Johnson the Supreme Court ruled that ...
2
votes
1answer
547 views

When in consent necessary for touching someone?

When is consent to touch another person necessary and what constitutes consent? This question focuses on intimate, romantic or sexual relationships between two adults. At school they have been pushing ...
0
votes
2answers
119 views

What are the keywords that give you a “green light” for punching?

I read here that the First Amendment allows you to say whatever you want to someone without the government interfering, so long as your words do not pose an imminent threat of harm to another (and a ...
6
votes
2answers
147 views

When can punching be legal?

My neighbor kissed my wife. I was pissed and wanted to punch him in his face. But I was able to suppress my anger. If I did punch him, would that be okay? I saw people punch one another over this in ...
4
votes
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 ...
5
votes
1answer
473 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 ...
5
votes
1answer
143 views

Legal action that can be taken by nannies?

If the child being watched (9-10 years old) by a nanny frequently physically attacks the nanny, sometimes causing severe pain, can the nanny take any form of legal action? The nanny in question is a ...
11
votes
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 ...
4
votes
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 ...