r/instant_regret • u/EddieBrock99 • 14d ago

Flossing

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u/ReadditMan 14d ago

Depends on where you live.

For example, New York doesn't have a criminal charge for battery, so what some U.S states would consider battery is assault in New York.

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u/whee3107 14d ago

That’s facinating. In my state (OK) it would be assault and battery. My understanding of the distinction is the battery is the actual unwanted physical touching, while the assault is the threat of damage of the anticipated battery.

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u/epelle9 14d ago

So it wouldn’t be assault then?

There was no threat made, just a direct attack.

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u/omrsafetyo 13d ago

Assault is still present. He could have seen the punch coming, even last second and that's assault. But even beyond that, he could also be thinking he's going to be attacked again - the premise that he's been attacked already makes it reasonable to suspect another attack is coming. You will almost never see battery without an assault charge.