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Old 08-16-2007, 10:35 AM   #1
ferret88
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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
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Old 08-16-2007, 10:35 AM   #2
Shawnee123
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Balls are bouncy bouncy bouncy bouncy fun fun fun fun fun?
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Old 08-16-2007, 10:54 AM   #3
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because it's battery
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Old 08-16-2007, 11:24 AM   #4
Griff
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Quote:
Originally Posted by ferret88 View Post
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.
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Old 08-16-2007, 12:37 PM   #5
ferret88
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That makes sense, Griff. Thanks for clearing it up.
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Old 08-16-2007, 01:11 PM   #6
lumberjim
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the trick is to accidentally wing the bat at the pitcher on the next pitch.
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Old 08-29-2007, 03:28 PM   #7
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Quote:
Originally Posted by lumberjim View Post
the trick is to accidentally wing the bat at the pitcher on the next pitch.
In other words do a Dave Winfield and actually hit the ball while throwing the bat.
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Old 08-16-2007, 02:14 PM   #8
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also if it's done with a weapon it's aggravated assault as opposed to just regular "with your hands" assault.
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Old 08-16-2007, 02:36 PM   #9
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assault means the threat of imminent harm, no touching involved.

battery is when there's touching.
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Old 08-16-2007, 02:43 PM   #10
jester
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Quote:
Originally Posted by Cloud View Post
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"
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Old 08-16-2007, 07:21 PM   #11
yesman065
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Quote:
Originally Posted by Cloud View Post
assault means the threat of imminent harm, no touching involved. battery is when there's touching.
That is generally true, but not always.
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Old 08-16-2007, 02:59 PM   #12
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yep!
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Old 08-16-2007, 10:05 PM   #13
elSicomoro
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Oh how the mighty have fallen.
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Old 08-16-2007, 11:14 PM   #14
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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.
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Old 08-17-2007, 07:19 AM   #15
yesman065
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Quote:
Originally Posted by Clodfobble View Post
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.
Let me say that there is a distinction between whether battery occurred vs charged....

A 15 yr old boy, while trying to move his computer into his room, was grabbed from behind by a 50 yr old man (not a relative), thrown across a room, jumped upon & forcibly restrained. After the police and the paramedics arrived, statements were taken. The boy was transported to the hospital and charges filed - AGAINST BOTH PARTIES. The man was not charged with assault nor battery. He was charged with harrassment. The boy was also charged with harrassment! Due to the attack, the boy suffered a seperated shoulder, the man suffered no injuries.

In my opinion "Assault and Battery" occurred, however that is not what the end result was. Therefore, I unfortunately have to stand by my statement.

*side note* In court all charges were dropped against the boy, as neither the officer nor the man appeared to testify. The man paid his fine and was released - free as a bird to attack other children.
*side note 2* The term "man" and "boy" were used to define parties only; as any adult male who initiates an attack on a boy is NOT A MAN.


As you were....
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