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Posted by Elias on Thu May 6 21:43:13 2004, in response to Re: My day taking pictures on Hudson Bergen (Was: HBLR railfanning),
posted by RIPTA42HopeTunnel on Wed May 5 22:44:59 2004.
I think that's considered felony assault.
NOPE.
Assault is the *threat* of physical violence.
Battery is the *application* of physical violence.
Usually a person is charged with assault and battery because they both threatened the use of violence, and then also actually physically applied violence.
"Assault with a Deadly Weapon" means the Threat of violence with that weapon, not that one was actually shot, cut, sliced, or otherwise mayhemed.
Elias
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