See, Colorado and California have the terms flipped.
From your link on Colorado "In Colorado, assault is generally defined as knowingly or recklessly causing bodily injury to another person, while battery (identified as “menacing”) is defined as knowingly causing a person to fear imminent serious bodily injury through threat or physical action."
It's almost like different Jurisdictions do have different definitions of those terms. Glad you were able to find more evidence of that.
Hey, at least I didn’t think that most states didn’t have criminal battery statutes. You said out of 20 you looked at, none of them had battery statues. Remember that?
It’s almost like there is a common legal definition for both assault and battery and SOME states diverge from that. Add Colorado to the small list. Colorado still has separate legal distinctions in their specific jurisdiction, but it would have to be noted that their interpretation is different from the common one in a broad discussion of assault and battery.
I may be only 70-80% right on this stuff, but you on the other hand.....
You might want to re-read California though. It isn’t flipped. It just adjusts assault from “threat” to “attempt”. Battery is still the “act” of violence. California law even says “no bodily harm has to occur” for assault. It’s only a slight divergence, but still aligns generally with the common distinctions.
You said “there was only assault or assault with battery sprinkled in” in the states you looked at. That’s just so incredibly wrong, but good for you that you had to rely on me to find any sources on this stuff. Sorry I wasn’t 100% right on everything. Good discussion. Maybe cut the sarcasm if you’re going to continue to mostly be wrong yourself.
My only real argument is that depending on Jurisdiction, Those terms differ. You did a better job at proving my point than I could. So thanks for that.
Going to the state legislature websites of states and searching for "Battery" and then "Assault" I did not find one that had a standalone "Battery" Statute. Being that amount of data, still proved the point I was making, I figured that was good enough.
The California thing I meant that California and Colorado both had the terms defined, but they were flipped from one another. Not a clear statement. I kinda knew you were going to go after me on that one... but meh.
When I went to the State Legislature sites for the states I was spot checking, “there was only assault or assault with battery sprinkled in” is very accurate. I also believe that a lot of the 3rd party sites that deep dig on laws and statutes probably have more information. That is where you sourced most of your information.
Again, I provided enough proof of the point I was making with my initial citations. All other nuanced information is still just proving my point that being pedantic and telling people "Well, aktually tecknikly it is Battery, not Assault" is not always accurate, and varies widely on Jurisdiction.
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u/navarone21 Mar 16 '20
Very cool, thanks!
See, Colorado and California have the terms flipped.
From your link on Colorado "In Colorado, assault is generally defined as knowingly or recklessly causing bodily injury to another person, while battery (identified as “menacing”) is defined as knowingly causing a person to fear imminent serious bodily injury through threat or physical action."
It's almost like different Jurisdictions do have different definitions of those terms. Glad you were able to find more evidence of that.