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Old 10-27-2010, 01:59 PM   #127
mhailey
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Join Date: Mar 2009
First Name: Matt
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Default Re: WTF is wrong with people?

Quote:
Originally Posted by sikk50 View Post
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.

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