- MadMax888
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- Fabled Legendary Member
Please do not send me group invites.
Posted by: BOOMER 809
Posted by: AK 47625714
Posted by: CharlesBrown33
And what if I apply non-deadly force on him? Do I get charged?Yes, with assault.
Or is it battery?
I think assault.
It can be either, or both, depending on the circumstances.
If we're standing facing each-other, and I throw a punch at you, but miss - that's assault.
The second that I hit you, it's assault and battery.
If you're walking away from me, and I hit you in the back of the head, it's battery.
The "assault" part comes from knowing what's about to happen. If you're not facing you're attacker, it's unlikely you know that they're going to attack you. Thus, no assault.
It's been a few years since my law classes, so someone correct me if I'm wrong.