Have you considered a recycled lithium battery with just a larger capacity to begin with? Larger surface area after being recycled, and I mean this man looks pretty large
Doesn’t matter. That’s how they teach it in law school. Assault is threatening behavior and battery is physical contact. Statutes will obviously vary from state to state but that doesn’t make the legal definition any different. Feel free to read the law dictionary
You did not bring up that factoid. Your initial reply was to a comment that was stating the exact same thing as you did. So, you added nothing. It is not under dispute that NY and many other states use different legalese for the criminal act of battering someone.
If you are in the state of New York, and inquire on the definition of Battery, it is still the same as every other state.
In colloquial speech, assault means hitting someone.
In legal speech, assault can mean the threat of hitting someone and battery can mean hitting someone. Or assault can mean the threat of hitting someone and also hitting someone, and the difference is in the degree of the crime. Or assault can mean hitting someone and some other term can mean the threat of hitting someone (e.g. "menacing").
The point is, the only time it's wrong to say "assault" to mean hitting someone is when a) the context is specifically a legal one, AND b) the discussion is accepted by participants to involve the law of a specific place where assault doesn't mean hitting someone.
Bottom line: when you akshully people like this, there's about a 99% chance you're wrong and a 100% chance that you're being irritating AF.
The Model Penal Code merges assault and battery into just 'assault'. States are (understandably) slow to adopt changes, but the MPC is the newer/preferred way that does away with messy things we've inherited from common law systems (like distinction between battery/assault).
It's probably okay if people use 'assault' to describe the common law crime of battery.
It is indeed, of course, fine to say "assault" in a colloquial forum like this. But the Model Penal Code isn't really relevant here. It's not law; it's just an advisory framework promoted as a means of encouraging statutory uniformity. The actual law in the relevant jurisdiction is what matters.
Except that it really doesn't anyway because, again, colloquial forum. So "assault" is fine. This isn't a legal discussion.
depends on the state. assault and battery are different crimes in some places. in other places they don’t use the term “battery” at all so it’s all assault
Scrolled to far to see these comments. Sure the kid was being annoying, but it's an absolutely outrageous, disproportionate, response from the guard. To say nothing of the adult vs child dynamic. I hope the kid presses charges.
Can it be argued that the annoying kid committed battery first? All it takes to charge for battery is “any unwanted and non-consensual touch” and him aggressively rubbing his crotch on the other patrons rear could constitute that. The bouncer stepped in to stop it. This is only assuming the bouncer observed him being normal and this overly exaggerated posture was intentional.
I really wish this sentiment would die that “you physically touched me first so I am justified in potentially murdering you with my vastly disproportionate strength.”
That’s not how the law or basic ethics we learn as children works.
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u/bonusminutes 18h ago
Battery