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What is considered assault?
If some one is angered yelling to me that they want to fight me, pull me and pushes me against a wall, I hit my shoulder and was in much pain, went to the ER, was good it is a sprained shoulder. The police took the report down as harassment because they said they could not say if it is assault yet since they did not know if its injured. So they told me that after seeing a doctor if it is injured I can "upgrade" the harassment to assault. Would a sprained should be considered as assault?
3 Answers
- 9 years agoFavorite Answer
In England - and I imagine the USA is similar, assault is where the Defendant causes the victim to "apprehend immediate and unlawful force". This basically means, if you expect them to touch you or your clothing without consent, then it is assault.
If they actually make contact with you or your clothing, this is battery (which is a form of common assault). If that assault or battery leads to "wholly significant harm", then it is ABH; and if it leads to "really serious harm", it is GBH. So, yes, it ought to be considered as assault.
Hope this helps,
Geoff - manicthoughtsociety.blogspot.com
Source(s): I study law Criminal Justice Act 1988, s39 Offences Against the Person Act 1861, s47 and s20 R v Miller R v Logdon - 9 years ago
If that would have been a cop they did that too they would have either A) Been shot and killed, B) Been tased, handcuffed and arrested, or C) handcuffed and arrested. So the answer to your question is YES, that is an assault. Disclaimer: race could sway this one way or the other
- Anonymous9 years ago
sorry nope
