luigiman5555 said:
MichaelH said:
From a purely technical legal point of view you committed both assault and battery. What is relevant is what the victim reasonably believed was happening when you behaved as you did.
Having said that the assault, such as it was, was minor and, if prosecuted, would in all probability incur nothing more than a slap on the wrists. However, continued contact with her is inadvisable and would be seen as exacerbating and escalating the situation. |
Civil assault: "An intentional act which causes a reasonable and imminent apprehension of a harmful or offensive contact which is unconsented."
Civil battery: "An intentional act which causes harmful or offensive contact which is unconsented."
Proof: http://bikerlawblog.com/2006/10/09/civil-assault-and-battery-in-plain-langu/?doing_wp_cron=1362348609.9029219150543212890625
#1. It only would've been unconsented had I persisted after realizing she really wanted me to stop.
#2. There was no harmful or offensive contact nor was there a reasonable and imminent apprehension of harmful or offensive contact.
#3. Even if I did all of the above, there was no intent or knowledge and that's another valid defense.
Proof: http://www.shouselaw.com/nevada/battery-defenses.html
If I scared her so much then why did she turn around and say "Bye" after?
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Dude. The fuck.
The next time she texts you about this shit, respond with this or something along these lines:
"You're only bluffing, but both you and I know you will not push for this ridiculous lawsuit, since you know how small and pathetic it'll make you seem. Otherwise, you would have stop texting me about this nonsense and charged me already. Stop being so insignificant that you need to make others feel insignificant as well."
And by the way, if you're over her now, that's great, but know that the way you acted is irresponsible anyways.
