assault?

[Ash]

So I haven't been in a physical altercation in many, many years. What can I get away with and what can the other guy get away with during a confrontation? I was thinking back to a few months ago when I saw this meathead harassing a gay guy on a side street around my neighborhood. He was being a real jerk and his friends were trying to get him to stop, but I felt bad for the guy and wanted to defend him. So if I get in meatheads face and provoke him and he pushes me, is that assault? How am I going to prove it to the cops? What if he hits me in the jaw but I don’t have a mark? The ideal situation would be for me to get slugged, yeah, I can take a punch, and the dude to get handpwnt and taken to jail and me press charges. Not that I'm out to ruin someones life, but I just hate seeing someone getting picked on and ridiculed in public.

[DREX]

www.guardianangels.org

[PETA]

Originally Posted by Ash

So I haven't been in a physical altercation in many, many years. What can I get away with and what can the other guy get away with during a confrontation? I was thinking back to a few months ago when I saw this meathead harassing a gay guy on a side street around my neighborhood. He was being a real jerk and his friends were trying to get him to stop, but I felt bad for the guy and wanted to defend him. So if I get in meatheads face and provoke him and he pushes me, is that assault? How am I going to prove it to the cops? What if he hits me in the jaw but I don’t have a mark? The ideal situation would be for me to get slugged, yeah, I can take a punch, and the dude to get handpwnt and taken to jail and me press charges. Not that I'm out to ruin someones life, but I just hate seeing someone getting picked on and ridiculed in public.

at common law:

assault is the immediate aprehension of battery

battery is an unwanted touching (which can include objects held by a victim - eg - you swat a beer out of his hand).

Self-defense and defense of others may not be a defense to battery (in some states it's not. Meaning - it matters not who threw the first punch only that one threw a punch that connected)

[PETA]

Originally Posted by Edwin Watson

if you are touched with any sort of aggression where you are in fear of physical harm or subject to physical harm, you are a victim of assault i do believe. At that point you also have a right to defend yourself....

This may see like nit-picking but for legal purposes it's important. "Fear" is irrelevant. What is relevant was whether or not you reasonably believe that a battery (strike) is about to occur. Eg - a 14 year old girl can be guilty of battery of a 35 year old construction worker - even though he was never "afraid" of her. Or assualt - in that he reasonably believed she was about to do so.

Originally Posted by Edwin Watson

in most states this is true, but in texas i dont believe there is a seperation of assault and battery.

I editted the comment - I was speaking globally and referring to general principals of law - to wit: common law


looking for the TX Crim Code provision right now - - actually giving up on doing so right now



Texas Penal Code http://caselaw.lp.findlaw.com/txcode...ml#pe001.22.01

§ 22.01. Assault


(a) A person commits an offense if the person:


(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;


(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or


(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.


(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:


(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or


(2) a member of the defendant's family or household, if it is shown on the trial of the offense that the defendant has been previously convicted of an offense against a member of the defendant's family or household under this section.


(c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that an offense under Subsection (a)(3) is a Class A misdemeanor if the offense was committed against an elderly individual or disabled individual, as those terms are defined by Section 22.04.


(d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant.


(e) In this section:


(1) "Family" has the meaning assigned by Section 71.003, Family Code.


(2) "Household" has the meaning assigned by Section 71.005, Family Code.


(f) For the purposes of this section, a defendant has been previously convicted of an offense against a member of the defendant's family or a member of the defendant's household under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.


Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., 1st C.S., p. 55, ch. 2, §§ 12, 13, eff. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 135, §§ 1, 2, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. 164, § 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 5311, ch. 977, § 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1052, § 2.08, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 739, §§ 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, § 284(23) to (26), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 334, § 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 366, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, § 27.01, eff. Sept. 1, 1997.


Amended by Acts 1995, 74th Leg., ch. 318, § 5, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 659, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, §§ 27.01, 31.01(68), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 15.02(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1158, § 1, eff. Sept. 1, 1999.

Justification defenses - knock yourself out

http://caselaw.lp.findlaw.com/txcodes/pe000900toc.html

[Ash]

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.


so, if I get pushed and nobody sees it, then oh well, too bad for me eh?

[PETA]

Originally Posted by Ash

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.


so, if I get pushed and nobody sees it, then oh well, too bad for me eh?

your word against his

but - do you really think a shove is worth a criminal investigation?

Rude, imbecilic, asshole I can think of all kinds of thngs to call it but blah blah blah

[Rufus Punk]

Originally Posted by Edwin Watson

So if you tell the guy to leave the person alone and he pushes you...yell Ouch while your fist is in the air and you're cool.

Defense Law for Dummies 101.

Lawl.

[elNastioBananaHando]

Ash I totally know how you feel on this one. If you are at a safe distance from the asshole and in a good position I suggest you shoot him with a pellet gun. Honestly when I was in High School I used to go play basketball at this one park back home. There was always this guy who was trying to start shit and pick on people playing there. The park was not far from some brush and trees. One day my friend decided to hide his pellet gun in the brush a day before. When the fucking bully guy showed up. My took my position and fired away. Hitting him in the around his shoulder. Next thing you know he is down and crying out in pain. I was laughed outloud and that guy was less of an asshole from that day forward.

[PETA]

Originally Posted by elNastyAndy69

Ash I totally know how you feel on this one. If you are at a safe distance from the asshole and in a good position I suggest you shoot him with a pellet gun. Honestly when I was in High School I used to go play basketball at this one park back home. There was always this guy who was trying to start shit and pick on people playing there. The park was not far from some brush and trees. One day my friend decided to hide his pellet gun in the brush a day before. When the fucking bully guy showed up. My took my position and fired away. Hitting him in the around his shoulder. Next thing you know he is down and crying out in pain. I was laughed outloud and that guy was less of an asshole from that day forward.

how far is his shoulder from his eye?


The lack of wisdom that went into the decision to shoot that guy is mind boggling Andy - think about it

[elNastioBananaHando]

Originally Posted by xian

how far is his shoulder from his eye?


The lack of wisdom that went into the decision to shoot that guy is mind boggling Andy - think about it

Eye for an eye man! This is true man. I'm sure my friend thought about it. I had total faith in the guy though. He had grown up around guns all his life and was a good shooter. I didn't agree with it at first but when the bully went down, I couldn't help but laugh. I know I'm wrong for it but the guy was a total jerk.

[PETA]

Originally Posted by elNastyAndy69

Eye for an eye man! This is true man. I'm sure my friend thought about it. I had total faith in the guy though. He had grown up around guns all his life and was a good shooter. I didn't agree with it at first but when the bully went down, I couldn't help but laugh. I know I'm wrong for it but the guy was a total jerk.

As a kid I used to shoot a pellet gun. I consider myself a great marksman. I could hit a shotgun shell swinging on a string at about 15 yards. But, that shell would never bleed or go blind. Nasty, if you shoot at a human you either better be a great shot and intend to immobilize him or a less skilled shooter and shoot to kill the fucker. Otherwise - guns are not to be pointed at people. Pellet gun or no. Tell me you're just fucking with me - please.

[elNastioBananaHando]

Originally Posted by xian

As a kid I used to shoot a pellet gun. I consider myself a great marksman. I could hit a shotgun shell swinging on a string at about 15 yards. But, that shell would never bleed or go blind. Nasty, if you shoot at a human you either better be a great shot and intend to immobilize him or a less skilled shooter and shoot to kill the fucker. Otherwise - guns are not to be pointed at people. Pellet gun or no. Tell me you're just fucking with me - please.

Well I am fucking with you because I would handle it more like a man then to hide behind the brush and take a shot at someone. That was my friend back when we were younger. I was just giving Ash some ideas in case he had a pellet gun lying around! :-)

[PETA]

Originally Posted by elNastyAndy69

Well I am fucking with you because I would handle it more like a man then to hide behind the brush and take a shot at someone. That was my friend back when we were younger. I was just giving Ash some ideas in case he had a pellet gun lying around! :-)

welk okay then