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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
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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 08-16-2007, 02:14 PM   #7
Rexmons
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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   #8
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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   #9
jester
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Quote:
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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, 02:59 PM   #10
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yep!
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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, 10:05 PM   #12
elSicomoro
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Oh how the mighty have fallen.
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Old 08-16-2007, 11:14 PM   #13
Clodfobble
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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 08-16-2007, 11:24 PM   #14
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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!
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Old 08-16-2007, 11:28 PM   #15
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I know a great fish and chip shop called "Assault and Battery"
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