:-)

The common law definition, in pretty much every state is that assault is an action that causes apprehension of imminent physical contact of a harmful or offensive nature. Battery is contact of a harmful or offensive nature.

These aren't statutory (criminal) definitions, which will vary from state to state, but these are the accepted legal definitions. Also, there can be both assault and battery, or just one.

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Pinky says "Right on!"

Damn you TG I was trying to find a "still going" ad

It looks like Pinky is wearing thongs on those @ss shaped feet of his. :-)

Call Homeland Security...this thread has been successfully hijacked.:-):-):-)

I'm a little removed from 1st year criminal law at this point, but I don't think that's correct. As far as I recall, if there is a battery, the assault merges into it. Sort of like an attempted murder charge merges into the murder if you commit one. One does not get charged for both attempted murder and murder of the same person.

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That is insane. I do not know what I would do in that situation. I would be way too angry. The closest this has ever happened to me was a lady yelling at me for pipe smoking in front of starbucks (apparently your not allowed to smoke on their outside tables, which is the opposite in most places). She then went inside to complain to the store and they made me leave. A non smoking couple attempted to aid me, it didn't work but I liked their good intentions. But yeah, these situations are getting common.

Correct sir.

Which is why someone would need to show the cigar removal was a battery. This would fall on its face. Leaving you a property claim.

Is that a good thing? :-)

sad to say, but this is the society we live in...

For criminal, you are correct, for common law torts, you can have both, which was what I was trying to say. Of course, when typing on my phone, I don't always format the best.

just read this thread and i'm totally shocked that someone would actually do this. i think the OP responded perfectly with the verbal attack, but turning the hose on her would've been the icing on the cake. although, if this woman was brazen enough to walk up and grab a cigar out of his mouth, i'd wager there might have been a real assault if she got sprayed...

i feel sorry for her kid.

Not particularly in that order??

Your a good man, that woulda ended differently had it been me.

As opposed to pnoon's dating life before marriage, which was defined as "Assault by Flatulence".

Git yer stinking paws off me, you damn dirty ape!

:-)

:-):-) Now that's funny chit! :-):-) (Pardon the punn :-))

:-) :-) :-)

I can't even go to work without this thread growing a couple pages! I just finished catching my breath from these recent pages