SakanaToDoubutsu t1_jahqa1m wrote
Reply to comment by kiklion in Pols target NYC’s violent, repeat shoplifters with bill to protect retailer workers just like cops, firefighters by NYY657545
>it’s not like people can reasonably say ‘Sorry sir, I didn’t know I couldn’t punch her.’
>Or ‘Sorry sir, I fell over and my fist fell into her face.’
Technically under common law that's battery, not assault. Assault is the crime of making someone reasonably believe that they are at risk of harm, so for example throwing a rock at someone is still assault even if it doesn't actually hit them. The reason assault is charged more often than battery is simply because it's easier to prove.
NetQuarterLatte t1_jahsnso wrote
NY law doesn't have battery. This is the definition of the least severe assault (which is not a felony):
- With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
- He recklessly causes physical injury to another person; or
- With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Viewing a single comment thread. View all comments