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What constitutes aggravated assault? Lightworker

  Author:  27403  Category:(Debate) Created:(2/25/2001 8:57:00 PM)
This post has been Viewed (916 times)

Hi, all! Being a non-violent type of person most of the time, a friend of mine and I were discussing assault and battery. Seems I had it all backward, because they said assault does not have to be a physical act, but can just be verbal. Is this true? What do you think? Is it criminal? Thanks for your comments. Lightworker

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Replies:      
Date: 2/25/2001 9:06:00 PM  From Authorid: 9130    I don't think so... but I am not sure... i am curious to see what answers you get.  
Date: 2/25/2001 9:12:00 PM  ( From Author ) From Authorid: 27403    Thanks for answering, Dizzy! *Dimples* Lightworker  
Date: 2/25/2001 9:28:00 PM    Hiya, Lightworker, as a regular victim of *verbal* assault, yes, it is true, "assault" is the threat, "battery" is the contact. ... That's why they are referred to as "batterers" ... They are committing "battery." ... No, I don't mean Eveready, either... You are welcome... *smile*.. May peace and harmony be forever yours. /s/ J.T.
Date: 2/25/2001 9:52:00 PM  From Authorid: 18737    CLARIFICATION: The term "battery" has apparently been dropped from the Texas Penal Code. The current statute reads: § 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. See: http://www.capitol.state.tx.us/... (statutes, penal code) ... You are welcome. *smile* /s/ J.T.
Date: 2/25/2001 9:55:00 PM  From Authorid: 18737    And, here is "Aggravated Assault":§ 22.02. Aggravated Assault(a) A person commits an offense if the person commits assault as defined in Section 22.01 and the person:(1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. *smile* /s/J.T. *the Unofficial USM fact/legal researcher*
Date: 2/25/2001 9:57:00 PM  From Authorid: 18737    The cited chapter, is Chapter 22 of the Texas Penal Code. /s/ J.T.
Date: 2/25/2001 10:03:00 PM  From Authorid: 1334    here in cali it is still assault and battery. In the place I work we just had somebody aressted for assault on a co-worker of mine. He came into the office swinging a bike lock he did not use the lock to actualy make contact with her however he was using it to intimidate her as he screamed ast her. had he actually touched her with the lock we then would of had him on assault and battery. ...  
Date: 2/25/2001 10:12:00 PM  From Authorid: 18737    Hiya, Sqky, that is the way it used to be in Texas, but before I cite the "law" I like to verify the information. ... Thanks for that info. ... *smile*... May peace and harmony be forever yours. /s/ J.T.
Date: 2/25/2001 11:00:00 PM  From Authorid: 9544    Lightworker, assault and battery simply means when someone threatens to do you bodily harm and make good on the threat. Verbal assault means when someone threatens you although the threat is not carried out. If someone threatens you it is a criminal offense and you can have that person arrested if you can prove that person threatened you. Here is a typical scenario of aggravated assault: I am prancing around in a room holding a baseball bat in my hand. You and a couple of other people are sitting down having a conversation. You attention turns to me then you begin saying sarcastic things to me. I respond by saying,"if you keep messing with me I am going to hurt you." You don't take heed to my verbal warning but instead you continue to insult and call me names. Suddenly the baseball bat I have in my possession lands across the side of your head leaving you unconscience with serious concussions. Here is the kicker if you die due to your injuries I can be charged with second degree murder. If you live I will be charged with assault and battery. Does that make more sense to you?  
Date: 2/26/2001 8:06:00 AM  ( From Author ) From Authorid: 27403    Hey, thanks so much everyone! Really really appreciate it! J.T., hiya! Figured I could count on you for the "official" Texas code and really needed to know it. The rest of you, thanks you so much for clarifying this for me. I can be such a "dummy". *Dimples* Lightworker  
Date: 2/26/2001 1:53:00 PM  From Authorid: 16612    I think that if you are walking somewhere and someone tries to pick your pocket or grab you, then it should be legal to pull out a gun and shoot them.-TessekTheQuarren  
Date: 2/26/2001 5:33:00 PM  ( From Author ) From Authorid: 27403    You must live in Texas, Tessak! That is common practice around here! LOL!!! Lightworker  
Date: 2/27/2001 6:22:00 AM    Well, it looks like JT covered the official definitions, so I'll just say HI! *hugs* Tammy #4739
Date: 2/27/2001 6:24:00 AM  ( From Author ) From Authorid: 27403    Hi and Good Morning fto you, Tammy! Tanks for the hug! *Smiles* Lightworker  
Date: 2/27/2001 10:25:00 AM  ( From Author ) From Authorid: 27403    Okay. I give up. Either I cannot type of cannot spell. I will start proofing my stuff. Have a new keyboard and making me nuts! Lightworker  

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