11-15-2019, 07:48 PM
(11-15-2019, 06:58 PM)BengalYankee Wrote: "Nope you mean Assault AND Battery. Battery is actual physical touching, while Assault would be the swing of the helmet where in this case there is a fear of being hit. He got HIT. Assault and Battery."
No, I mean exactly what I said. Battery is the legal term for making contact and assault can mean presenting the appearance, or inspiring fear, of being struck. However, the penal code section for striking someone with a deadly weapon, at least in CA, is 245(a)(1) PC, "assault with a deadly weapon". It may exist, but I am not aware of a state in which this crime is called "battery with a deadly weapon".
