this post was submitted on 11 Sep 2023
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chapotraphouse

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[–] [email protected] 35 points 1 year ago (1 children)

Remember comrades, Assault is the "threat" of violence, Battery is actual physical violence.

Somebody shouts about how they are going to hit, hurt, chase, shoot and or kill you? That's assault.

The battery doesn't start until after the beating, shooting, killing begins.

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[–] [email protected] 19 points 1 year ago (1 children)

that's a somewhat common distinction but specific terms do vary by jurisdiction. talk to your lawyer if it's gonna matter

[–] [email protected] 8 points 1 year ago

specific terms do vary by jurisdiction.

This is very important. In many jurisdictions things are not that clear cut. In many cases it is up to a rather subjective assessment. Threats alone might justify physical self-defence but the severity or credibility of the threats can influence that. Your options for self-defence can also enter into the assessment. Not all places have "castle doctrine" or "stay your ground" principles and will not allow you to do physical self-defence if you have the option of running away.

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