Questions tagged [battery]

A criminal offense consisting of offensive or harmful physical contact.

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2answers
119 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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1answer
414 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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1answer
86 views

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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1answer
64 views

Mens rea for a battery (as to contact) v. No mens rea in harm caused for a (Offences Against the Person Act 1861) s 47 offence [closed]

Concentrate Criminal Law (2020 7 edn). p 58. Avoiding common mistakes Do not confuse the mens rea for a battery (as to contact) with the harm caused for a s 47 offence, as to which there is no mens ...
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1answer
63 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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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?
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2answers
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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2answers
180 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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3answers
129 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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1answer
18k 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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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 ...
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1answer
169 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 ...
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3answers
212 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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3answers
42k 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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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 ...
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3answers
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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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1answer
945 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 ...
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2answers
147 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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2answers
219 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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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 ...
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1answer
756 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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1answer
151 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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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 ...
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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 ...