assault or not?

Question

if your supervisor is acting like a jerk and throwing things inside a car while your a passenger and hits you with a microphone is this an assault.

Answer 1

well....duh

Answer 2

It depends on intent and some technical legal issues.

Criminal assault / battery is a specific intent crime. It requires the unlawful use of force or violence of the person of another. This force has to be intentional.

Here's an example. If your supervisor was angry and throwing things around randomly (i.e., a temper tantrum), and you just happened to get hit, it is probably not criminal assault. If you were injured you could likely sue him.

That being said the nature of the activity that leads to you being hit means a lot in how the case is considered. If the suspects actions were inherently dangerous and could reasonably have lead to injury or death then he may be charged criminally even if you (or anyone else in particular) were not the intended target.

Here's an example. If you stand on a freeway over pass and throw large rocks off indiscriminately and one happens to hit a car and kill the driver you may be looking at murder.

Hope this helps.

Answer 3

Throwing things in the threatening, reckless manner you described can easily be assault. If he hits you, that's battery.

Answer 4

You should be able to answer this if you are on the job. If it really bothers you, tell him it bothers you and to stop. If it continues, contact the next supervisor up the line.

Answer 5

Depending on the state you are in, assault and/or battery

Answer 6

yes

Answer 7

yes but it couldve been unintentional but if it was on purpose then yes