my own words used against me?

[BelizeBreeze]

Saying, "C'mon," "I dare you," "do it," or any combination of those or similar phrases is not consent for someone to assault you.

Until you learn the difference between Assault and Battery there's not much you can say.

 

[BreanaLee]

Saying, "C'mon," "I dare you," "do it," or any combination of those or similar phrases is not consent for someone to assault you.

If it was, what exactly is she consenting to? Getting punched, kicked, stabbed, throttled, what?

This girl was just trying to show she wasn't afraid of someone who was threatening her. She wasn't consenting to getting punched, or to any kind of assault.

You two don't know what you're talking about. I doubt that either of you is a lawyer, and I'm sure neither of you have actual experience in criminal courts.

Find one single case that says Texas law is what you say it is, and I'll apologize.

Otherwise, why not just admit you don't know what you're talking about?

Although I'm not a professional in this matter, I'm going to have to say that Kane makes a lot of sense. The poster didn't say "I give you my consent to punch me in the left cheek at 8:05 pm this such and such a date"...she just said "Do it", which is a vague, two word statement. It's not as if there were some written contract between the two that the woman could punch the poster. Also, if I told someone to go jump off a bridge and they did...I doubt I could be held responsible for it.

 

[BelizeBreeze]

Although I'm not a professional in this matter, I'm going to have to say that Kane makes a lot of sense. The poster didn't say "I give you my consent to punch me in the left cheek at 8:05 pm this such and such a date"...she just said "Do it", which is a vague, two word statement. It's not as if there were some written contract between the two that the woman could punch the poster. Also, if I told someone to go jump off a bridge and they did...I doubt I could be held responsible for it.

Read his first sentence then come back here and tell me what's wrong with his "making sense".

 

[BreanaLee]

Read his first sentence then come back here and tell me what's wrong with his "making sense".

Maybe you should read my ENTIRE post again and then come back and ask me that.

His examples are as vague as "Do it", they don't give permission for the woman to hit her.

 

[BelizeBreeze]

Maybe you should read my ENTIRE post again and then come back and ask me that.

His examples are as vague as "Do it", they don't give permission for the woman to hit her.

So another poster who doesn't know the legal definition of assault and/or battery nor the difference.

In other words, your post added nothing to this thread except to show your ignorance.

 

[BreanaLee]

So another poster who doesn't know the legal definition of assault and/or battery nor the difference.

In other words, your post added nothing to this thread except to show your ignorance.

You know, I've actually read a number of your posts, and very few of them actually give good advice. Most of the time, you just belittle people who are looking for some help. If you could read, you would notice that my post said NOTHING about the definition of assault and battery. Your assumptions make you look like an ass. What I did say in my post (and my quote of Kane's post clarified which part of his post I agreed with) was that NO ONE has the right to physically harm another person based on two words. "Do" and "it" in any combination your twisted mind can think of do not give someone permission to do anything.

As for my post adding ignorance to this thread...your responses have done little to help the original poster in her plight. All you've done is insult others who were actually trying to provide some assistance. At least I was trying to help clarify a few things for her with some basic information everyone should have learned in elementary school.

 

[Kane]

Breanna, you're right, and it's not just a question of vagueness. Judges and jurors are not required to be morons. They can tell the difference between putting up a brave front, and asking for a punch in the face.

If they were friends, and she'd said, "Please punch me in the face, because I like getting punched in the face so much," maybe the defense would fly. Under these facts, it'd be laughed out of court.

 

[BelizeBreeze]

And if you were an attorney you'd know the difference between an assault and a battery.

 

[You Are Guilty]

And if you were an attorney you'd know the difference between an assault and a battery.

Assault is what I like to put on my fries and a battery is what's in my mp3 player.

 

[Kane]

There is no "battery" in the Texas Penal Code, Breeze.

Crimes in Texas are defined by statute, not at common law.

What is your point, anyway?

 

[BreanaLee]

And if you were an attorney you'd know the difference between an assault and a battery.

I doubt very much that you're an actual attorney. You're way too childish. If you really are a practising lawyer, you are probably neither successful nor have any merit to your name, since all you do is bad-mouth people on the internet. You'd think someone as "knowledgeable" as yourself would be out working at least a few cases. Where's the sarcasm button?

As for the difference, and since you're SO obsessed with the definition even though it has nothing to do with what I said (and I pointed this out in the last post...just another instance of you proving to everyone else you really can't read) here it is, provided by www.wikipedia.com:

Assault is a crime of violence against another person. In some jurisdictions, assault is used to refer to the actual violence, while in other jurisdictions (e.g. some in the United States, England and Wales), assault refers only to the threat of violence, while the actual violence is battery. Simple assaults do not involve weapons; aggravated assaults do. (For more: http://en.wikipedia.org/wiki/Assault)

In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. Battery is often broken down into gradations for the purposes of determining the severity of punishment.
(http://en.wikipedia.org/wiki/Battery_(crime))


As a first approximation to the distinction between battery and assault:

1. the overt behavior of an assault might be A advancing upon B by chasing after him and swinging a fist at his head, while
2. that of an act of battery might be A actually striking B.

Happy? Also, you'll notice that not only do attorneys have that sort of information available, but everyone with a dictionary or the internet, so stop acting like you're superior because you can type "I am an attorney" and post it on a message board. Have a lovely evening.

 

[rmet4nzkx]

If you had noticed I already posted Texas code definitions for Assult, no need for a generic definition.

 

[gawm]

this post was originally posted on 10/25. it only received 4 replies. 4 days later i make a very witty & poignant reply, this thread catches fire! why did my post(which should of been #4) get edited out?

 

[BelizeBreeze]

Oral Provocation Does Not Justify an Assault and Battery, But May Mitigate Both Exemplary and Actual Damages. (Mohler v. Owens, 352 S.W.2d 855 (Tex. Civ. App.--Houston 1962)), 41 TEXAS L. REV. 124 (1962)

Do you REALLY want to tell me that Battery is not covered in the Texas Statutes?

I'll be waiting for your answer.

 

[AWorkOfArt]

I doubt very much that you're an actual attorney. You're way too childish. If you really are a practising lawyer, you are probably neither successful nor have any merit to your name, since all you do is bad-mouth people on the internet. You'd think someone as "knowledgeable" as yourself would be out working at least a few cases. Where's the sarcasm button?

As for the difference, and since you're SO obsessed with the definition even though it has nothing to do with what I said (and I pointed this out in the last post...just another instance of you proving to everyone else you really can't read) here it is, provided by www.wikipedia.com:

Assault is a crime of violence against another person. In some jurisdictions, assault is used to refer to the actual violence, while in other jurisdictions (e.g. some in the United States, England and Wales), assault refers only to the threat of violence, while the actual violence is battery. Simple assaults do not involve weapons; aggravated assaults do. (For more: http://en.wikipedia.org/wiki/Assault)

In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. Battery is often broken down into gradations for the purposes of determining the severity of punishment.
(http://en.wikipedia.org/wiki/Battery_(crime))


As a first approximation to the distinction between battery and assault:

1. the overt behavior of an assault might be A advancing upon B by chasing after him and swinging a fist at his head, while
2. that of an act of battery might be A actually striking B.

Happy? Also, you'll notice that not only do attorneys have that sort of information available, but everyone with a dictionary or the internet, so stop acting like you're superior because you can type "I am an attorney" and post it on a message board. Have a lovely evening.

I think being rude makes for a better attorney. Not good for a chat partner but definitely good for an argument.