A man on the road teases a women who walks by,, and when her husband askes,the man argues with him.... & then the husband's friend slappes the man twice.. at this the man faints.
but nothing serious happens to him.
but is there a possibility that the friend who slapped him cud b charged for it?? or would it only be self defence or any other defence...????
PLEASE let me no the legal proceedure which wud follow
2006-06-28 03:01:35 · 14 answers · asked by lizla_k 1 in Politics & Government ➔ Law Enforcement & Police
First of all its NOT assault, unless it caused bodily harm or injury. It IS battery. These are two completely seperate charges. Battery is defined as being touched in a rude or insolent manner. Being "slapped" does not cause bodily harm so this would be a battery charge. Battery is a misdemeanor.
who hit who first does not matter. if they were both hitting eachother, then both could be taken to jail for fighting. Other wise the person who did the hitting goes for battery.
Wait to see if this man goes to the police to file a report. Depending on your state it may be up to the police to file charges. Here in wyoming where i am a police officer, only the police can file charges. Public citizens can only file reports.
remember, assault and battery are two completely different crimes.
Good luck!
2006-06-28 05:29:53 · answer #1 · answered by viperroadster 2 · 1⤊ 0⤋
You mentioned that if it would be self defense, but only one person got hit. So, by that it wouldn't be considered self-defense. It would be assault. There is no reason for anyone to hit anyone just because some words were exchanged.
As for the legal procedure, it would depend on if the man called the police and charges were pressed.
If so, then the assaulter would then be charged and detained(being detained would depend on which state). As for being released, it would depend on whether or not if the assaulter has a previous criminal history. Depending on which state (if you are talking about the US), will they determine the severity of the crime and punishment.
2006-06-28 03:16:26 · answer #2 · answered by exiled114 3 · 0⤊ 0⤋
There is no self defense that will apply. The husband's friend was not in any danger of being assaulted at any time by the stranger.
So, if the stranger signs out a complaint against the husband's friend, he will be arrested for assault. He will be arraigned and given a court date. Bail will depend on whether he has any prior record and how good his attorney is on talking to the judge.
If he is arrested, better get a lawyer!
2006-06-28 03:07:04 · answer #3 · answered by thunder2sys 7 · 0⤊ 0⤋
Did the man get hit first? I believe anytime someone places a hand on another person they can be charged with assault. If there was no real harm done If I were the man I would not press charges. The court systems are too backed up for pride-full experiences.
2006-06-28 03:09:11 · answer #4 · answered by squashpatty 4 · 0⤊ 0⤋
who are these people who answer this question... you can hit a person first and still claim self defence... and further more you dont need to be the person who is in immediate harm. Protection of someone in IMMEDIATE danger is grounds for selfdefence even though it doesnt fall under the word "self".
Your best way of going about this case(as i dont know all the facts) is to seek professional legal advice or even look up the statuory defences to assault. self defence will be there with a deffenition of self defence!
SELF DEFENCE-protection of your self, your property or someone else in IMMEDIATE danger.
2006-06-28 03:14:38 · answer #5 · answered by cost cutter 3 · 0⤊ 0⤋
He could be charged, but according to the story - it would be "simple" assault and battery - a big difference. No court would waste its time with something like this.
A good lawyer could simply explain - there was a wasp on his face...
2006-06-28 04:17:58 · answer #6 · answered by goododie4 3 · 0⤊ 0⤋
i think the husband could be charged with assault. who ever swings first is the assaulter and whoever swings second is in self-defence.
2006-06-28 03:05:02 · answer #7 · answered by alter_tygo 5 · 0⤊ 0⤋
yes if the man wants to press charges
respect
shaz
2006-06-28 03:18:38 · answer #8 · answered by sharon B 4 · 0⤊ 0⤋
The first one to make physical contact is the assaulter.
2006-06-28 03:06:46 · answer #9 · answered by owllady 5 · 0⤊ 0⤋
domestic assault..all the parties should be hauled in and tossed in the drunk tank....
then the city or county can do their job and fine everyone...
therby creating a win- win situation for all....especially the neighbors who dont want to put up with this crap....
2006-06-28 03:09:04 · answer #10 · answered by badjanssen 5 · 0⤊ 0⤋