Questions tagged [battery]

A criminal offense consisting of offensive or harmful physical contact.

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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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1 vote
2 answers
123 views

In Iowa why is there are harsher punishment for causing serious injury without intent than with intent?

In Iowa under §708.2 an assault (which is not distinct from battery in Iowa) with the intent to inflict a serious injury upon another§708.2(1) is an aggravated misdemeanor, which is punishable for ...
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1 answer
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Expungement alternative for wrongful arrest?

The arrest occurred in Florida. My girlfriend and I have had a very toxic relationship over the last year and a half, which culminated in a big, physical fight where we were both injured but I ...
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1 vote
2 answers
180 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.
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2 votes
1 answer
3k 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 ...
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2 votes
1 answer
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Trying to find definitions for "bodily harm" and "Great bodily harm" in Florida law

I'm researching Chapter 784 in the Florida State laws. The problem I'm having is there's no general "terms and definitions" at the top like there are in other chapters. I searched to see ...
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  • 289
1 vote
1 answer
70 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 ...
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21 votes
5 answers
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?
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2 votes
2 answers
1k 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 ...
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0 votes
2 answers
209 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 ...
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  • 191
-1 votes
3 answers
142 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 ...
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  • 191
3 votes
1 answer
24k views

Is it illegal to throw water or soda on people?

Yesterday, some guy took a diner's soda and threw it on him for wearing a political hat. Is that considered a crime, or is it ok to throw liquids on people? I know that protesters used to throw pies ...
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31 votes
3 answers
12k 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 ...
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1 vote
1 answer
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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 ...
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4 votes
2 answers
286 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 ...
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6 votes
3 answers
48k 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 ...
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1 vote
1 answer
181 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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-1 votes
3 answers
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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 ...
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2 votes
1 answer
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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 ...
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0 votes
2 answers
157 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 ...
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6 votes
2 answers
240 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 ...
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8 votes
1 answer
3k 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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4 votes
1 answer
886 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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5 votes
1 answer
155 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 ...
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13 votes
1 answer
10k 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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4 votes
2 answers
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 ...
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