I didn't think that physical contact was necessarily an element of assault. Can't an assault be merely verbal (but still criminal)? Hence the term "assault AND battery"? I also thought this incident constituted aggravated assault (or perhaps aggravated battery?) because a weapon was employed. Kindly clarify this for me, Counselor.
Stu you are right! Forgive me; that'll teach me to post things after taking tons of allergy meds!
Assault and Battery: Assault is the mere reasonable fear of an imminent attack. Someone near you-or accessible by a short car ride, say-threatens you, and you're reasonably afraid they'll do what they've threatened. Assault does not lie when the threat is delivered from far away. Battery is the actual "unwanted touching", in this case, the perp physically grabbed/touched Zeldin. They go together because most of the time one it's a one-two deal.
You are right again in re: Aggravated assault. Use of a weapon aggravates simple assault.
It is assault because he "connected" with the subject. Assault is "an unwanted touching".
I didn't think that physical contact was necessarily an element of assault. Can't an assault be merely verbal (but still criminal)? Hence the term "assault AND battery"? I also thought this incident constituted aggravated assault (or perhaps aggravated battery?) because a weapon was employed. Kindly clarify this for me, Counselor.
Stu you are right! Forgive me; that'll teach me to post things after taking tons of allergy meds!
Assault and Battery: Assault is the mere reasonable fear of an imminent attack. Someone near you-or accessible by a short car ride, say-threatens you, and you're reasonably afraid they'll do what they've threatened. Assault does not lie when the threat is delivered from far away. Battery is the actual "unwanted touching", in this case, the perp physically grabbed/touched Zeldin. They go together because most of the time one it's a one-two deal.
You are right again in re: Aggravated assault. Use of a weapon aggravates simple assault.
Thanks! I guess, as Judge Roy Bean would say, "I know the law."