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-   -   So it's assault if the batter uses the bat... (http://cellar.org/showthread.php?t=15100)

ferret88 08-16-2007 10:35 AM

So it's assault if the batter uses the bat...
 
but it's not "assault" if the pitcher beans the batter with a ball. How's that work?

http://www.capecodonline.com/apps/pb...ORTS/708160316

Shawnee123 08-16-2007 10:35 AM

Balls are bouncy bouncy bouncy bouncy fun fun fun fun fun?

Cloud 08-16-2007 10:54 AM

because it's battery

Griff 08-16-2007 11:24 AM

Quote:

Originally Posted by ferret88 (Post 375294)
but it's not "assault" if the pitcher beans the batter with a ball. How's that work?

http://www.capecodonline.com/apps/pb...ORTS/708160316

The pitcher is in the minor leagues because he can't find the plate. The batter finding his way to the mound with a weapon isn't defensible.

ferret88 08-16-2007 12:37 PM

That makes sense, Griff. Thanks for clearing it up.

lumberjim 08-16-2007 01:11 PM

the trick is to accidentally wing the bat at the pitcher on the next pitch.

Rexmons 08-16-2007 02:14 PM

also if it's done with a weapon it's aggravated assault as opposed to just regular "with your hands" assault.

Cloud 08-16-2007 02:36 PM

assault means the threat of imminent harm, no touching involved.

battery is when there's touching.

jester 08-16-2007 02:43 PM

Quote:

Originally Posted by Cloud (Post 375394)
assault means the threat of imminent harm, no touching involved.


that's when the kid is sitting beside their brother/sister holding their finger out - "i'm not touching you":rolleyes:

Cloud 08-16-2007 02:59 PM

:) yep!

yesman065 08-16-2007 07:21 PM

Quote:

Originally Posted by Cloud (Post 375394)
assault means the threat of imminent harm, no touching involved. battery is when there's touching.

That is generally true, but not always.

elSicomoro 08-16-2007 10:05 PM

Oh how the mighty have fallen.

Clodfobble 08-16-2007 11:14 PM

Quote:

Originally Posted by yesman065
That is generally true, but not always.

Care to give an example? I'm not saying I don't trust your word, it's just that... Cloud's a lawyer, and you're not--so I don't trust your word on this one.

Cloud 08-16-2007 11:24 PM

wait! no, I'm not a lawyer, I'm a paralegal. I've studied some criminal law, but don't construe it as legal advice.

However, the statement, "that is generally true, but not always" is essentially meaningless. It's true of itself--that's a tautology, isn't it?

I'm sure there are exceptions. You can have assault and battery, which is what happens if someone comes up to you, threatens you, and actually causes you injury. I have no idea what the legal consequence of the whole baseball paradigm would be though. And even if I did, I wouldn't say. Cause I'm not a lawyer, yay!

Aliantha 08-16-2007 11:28 PM

I know a great fish and chip shop called "Assault and Battery"


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