Has anyone ever heard of?
Has anyone ever heard of someone getting convicted of assault, For simply putting there hand on another’s shoulder to thank them. AFTER they had already been in a conversation with then?
Answers:
Convicted, no, threatened with arrest, yes.
No.
never
In KS that is a technical battery. Assault is placing some one in fear of bodily harm (draw back to strike). I am sure some states use the two terms interchangeably. I would be unusual for someone to be charged and convicted under the facts you stated. There must be more to it.
Assault is putting someone in fear for their safety. Battery is the touching of someone without their permission. I don't think this constitutes as assault.
That is assault, actually it is battery but depending on the state you live in. It is not the legislative intent and something like that would not fly in court. Most district attorney's are very sharp and that is why this nation is so beautiful because law is like the balance of power in congress. The police officer arrest, the prosecutor files and the jury chooses innocent or guilty. Imagine if all police officers arrest would result in being filed and a guilty sentence. Maybe this person knew the police officer or some other circumstance. Remember a police officer in his or her report can write this however they want. They can make this look like the person shook the other and threw him over the roof and into the pool while saying I am going to hurt you with a weapon. Life is weird, sometimes we could be put in situations where it may look bad on paper but it actually was very minor or nothing at all.
Thats your story
What's theirs
No but you never know these days I would watch out.
No but it doesn't suprise me ... two kids pat a girl on the bottom and now there is a possibility they may receive records and label as sexual offenders when they are 18 ... these two kids in trouble are 13 ... we take things way to far these days and need to kick back and think before we do something drastic.
Assault and battery include the intent to harm. In the example you described the element of intent is missing, making it no assault (battery) case/
In Common Law jurisdictions, battery is the crime that represents the unlawful physical contact. Exceptions exist to cover unsolicited physical contact which amount to normal social behavior (for example, patting someone on the back): see Collins v. Wilcox[1984] 3 All ER 374.
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