Quote:
Originally Posted by sikk50
Additionally in Cali
PC 242: "A battery is any willful and unlawful use of force or violence upon the person of another."
PC 240: "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another."
Basically to commit an assault no physical contact is necessary, should contact be made then she would be charged for battery.  |
Also, in most instances, actual physical contact with the person him/herself is not required. If there is contact with an object that is intimately connected with the person that such contact would be deemed contact with the person, then a battery is committed. Think of the scenario that you are holding a plate at a buffet, I walk up and hit the plate out of your hand, this could be considered a battery, just as the cigar instance here.
Now I go back to lurking.
