I realize legally there is a difference. Assault means when you verbally threaten someone, even if you don't act on it its considered an act of assault. Battery is when you physically touch or beat up someone - then it's assault and battery. I know different states charge both differently but not sure if ALL assault and battery is considered a felony or misdemeanor or if it depends?
This is where U.S. law gets kind of murky I guess. Would appreciate it if anyone knew a good answer and hoe much jail time you get depending on what you do. This website here in fact has some good cases that real life people experienced and they want to know will they get a felony or misdemeanor but the person who wrote the article is not answering them. What do you guys think of these cases?
Link:http://www.wisegeek.org/what-are-the...nd-battery.htm
Question 1: Is it an assault if a supervisor comes up behind a production operator and takes the operators hands out of his pockets and tells him you are not supposed to have your hands in your pockets?
Question 2: Someone kicked my car in a parking lot as I was exiting the lot and then started yelling epithets. I exited the car and yelled back. Were his actions criminal or are men allowed to attack women drivers in the state of Washington without penalty?
Question 3:
I made an unplanned announcement at church where I raised my hand first, stood up and took about 20 seconds to try to raise support to help a disabled lady in the church move. The pastor knew she was moving and didn't like that we were helping her because he didn't like her.
After church, in the foyer, he grabbed me by the arm and turned my body toward him against my will. He got up in my face and talked through his clenched teeth and said, "Don't - you - ever do that again, do you hear me?" Would this be considered assault and/or battery?
Question 4:
I'm 16 and an 18 year old came up to me threatening me with other people and his dog. I stood up and started arguing with him, then he pushed me and got in my face so I pushed him back several times as he got closer. Then he swung at my head and I punched him in the face. He then grabbed my neck and I threw him off me to the ground.
After this, he charged again so I hit him again and he fell and tried to kick me in the face. After he got up, he charged once more and I kicked him in the chest which stopped him and then I ran away. The other day I received a court order in which I was charged for felonious assault. How can I defend this?
Question 5: I live in Yonkers NY. My question is can the police charge me with assault in the first degree if the victim is the only witness and if they do not have the weapon used?
Question 6: In my driveway, a man was absconding after stealing my property. I ran behind his car to write his license number. He turned and looked straight at me and backed the car toward me. I jumped back to avoid being struck. As he again drove directly toward me, I took a small pistol from my pocket and and fired it once into the air. I felt that I was in extreme danger and was acting in self defense. Did this act constitute an assault?
Question 7: My brother was assaulted with pepper spray/mace. This was an unprovoked attack. Can the person be charged with battery and assault?
Question 8: My teenaged son was playing around at middle school and scratched another child with a triangle of styrofoam plate. He is now being charged with assault and battery. Does this constitute Assault+Battery?
Question 9: If someone waives a knife at me without actually using it and I fear for my life and punch themin the head and knock them out in self-defense.....can I still be charged with Assault and Battery even though I was threatened first?
This is where U.S. law gets kind of murky I guess. Would appreciate it if anyone knew a good answer and hoe much jail time you get depending on what you do. This website here in fact has some good cases that real life people experienced and they want to know will they get a felony or misdemeanor but the person who wrote the article is not answering them. What do you guys think of these cases?
Link:http://www.wisegeek.org/what-are-the...nd-battery.htm
Question 1: Is it an assault if a supervisor comes up behind a production operator and takes the operators hands out of his pockets and tells him you are not supposed to have your hands in your pockets?
Question 2: Someone kicked my car in a parking lot as I was exiting the lot and then started yelling epithets. I exited the car and yelled back. Were his actions criminal or are men allowed to attack women drivers in the state of Washington without penalty?
Question 3:
I made an unplanned announcement at church where I raised my hand first, stood up and took about 20 seconds to try to raise support to help a disabled lady in the church move. The pastor knew she was moving and didn't like that we were helping her because he didn't like her.
After church, in the foyer, he grabbed me by the arm and turned my body toward him against my will. He got up in my face and talked through his clenched teeth and said, "Don't - you - ever do that again, do you hear me?" Would this be considered assault and/or battery?
Question 4:
I'm 16 and an 18 year old came up to me threatening me with other people and his dog. I stood up and started arguing with him, then he pushed me and got in my face so I pushed him back several times as he got closer. Then he swung at my head and I punched him in the face. He then grabbed my neck and I threw him off me to the ground.
After this, he charged again so I hit him again and he fell and tried to kick me in the face. After he got up, he charged once more and I kicked him in the chest which stopped him and then I ran away. The other day I received a court order in which I was charged for felonious assault. How can I defend this?
Question 5: I live in Yonkers NY. My question is can the police charge me with assault in the first degree if the victim is the only witness and if they do not have the weapon used?
Question 6: In my driveway, a man was absconding after stealing my property. I ran behind his car to write his license number. He turned and looked straight at me and backed the car toward me. I jumped back to avoid being struck. As he again drove directly toward me, I took a small pistol from my pocket and and fired it once into the air. I felt that I was in extreme danger and was acting in self defense. Did this act constitute an assault?
Question 7: My brother was assaulted with pepper spray/mace. This was an unprovoked attack. Can the person be charged with battery and assault?
Question 8: My teenaged son was playing around at middle school and scratched another child with a triangle of styrofoam plate. He is now being charged with assault and battery. Does this constitute Assault+Battery?
Question 9: If someone waives a knife at me without actually using it and I fear for my life and punch themin the head and knock them out in self-defense.....can I still be charged with Assault and Battery even though I was threatened first?
This guey getting hammered still
