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SunstruckMorning t1_j5kw7tx wrote

Reply to comment by tinymonesters in Four Men Toss Deer Urine On Woman And In Aisles At Walmart In Gettysburg: Police by jillianpikora

What??? This is assault.

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tinymonesters t1_j5kxh7x wrote

Yes, it very clearly is. I'd consider that well above the level of assault personally, since they used a weapon of sorts.

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BaboonHorrorshow t1_j5l24lj wrote

Sucks but gold Olā€™ boys protect their own and itā€™s possible these guys were HS friends with some of the cops in town.

The woman should take them to the cleaners in civil suits

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CltAltAcctDel t1_j5l79y2 wrote

Harassment in PA law is a form of assault. To charge Simple Assault there needs to be bodily injury or attempt to cause bodily injury. Assuming this is deer urine that was purchased and not drawn from a rotting corpse, I donā€™t think thereā€™s a risk of bodily injury.

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jailor_serry t1_j5l6kot wrote

Itā€™s actually battery.

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SunstruckMorning t1_j5l7w9b wrote

Whatā€™s the difference?

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jailor_serry t1_j5l8f73 wrote

Assault is essentially the ā€œactā€ of harming someone without physical contact. Battery is physical contact causing harm.

In this situation, if the people had a bottle of ā€œdeer urineā€ and pretended like they were throwing it, thatā€™s assault. Physically throwing it and making contact is battery.

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30686 t1_j5lg37a wrote

Not according to the Pennsylvania Crimes Code.

Offensive physical contact is assault.

Simple assault, 18 Pa.C.S. 2701, includes "attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another." "Aggravated assault" in Pennsylvania, 18 Pa.C.S. 2702, basically involves serious bodily harm or an attempt to do so.

There is no separate crime of battery in Pennsylvania. "Battery" is subsumed in the assault statutes. Other states may have different laws on assault and some do have a distinct crime of "battery."

"Battery" traditionally means an offensive physical contact, and is basically a civil tort concept. If I punch you in the face in Pennsylvania, I will face a criminal assault charge, and you can file a civil lawsuit for money damages, based on battery.

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reverendsteveii t1_j5l8i33 wrote

Depending on which statutes are in play assault often covers things that don't necessarily require physical contact with the victim, and has a lesser penalty. Battery is when you do actually make physical contact with the victim and carries stiffer penalties.

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SnooRevelations9889 t1_j5oef0u wrote

Just because they are holding them on one charge doesnā€™t mean more charges are not pending.

They are likely still gathering evidence. Interviewing everyone, etc.

And a little technical error can get a charge thrown out.

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