lascantas said:

Assault does not require physical contact, battery does.

lascantas said:

Assault does not require physical contact, battery does.

SUPRMAN said:

If you are familiar with or search the NYC Penal Codes, you will not find battery listed, they classified it as an assault. This is exactly why I said that laws and classifications are different from state to state. Let me give you a sample of what you would find:

Assault and attempted assault;
Menacing;
Harrassment and Aggravated Harrassment;
Disorderly Conduct;
Stalking;
Reckless Endangerment.

angel345 said:

Well.. I don't understand something. When a person hits another person, it's against the law,right? Isn't that assault? It doesn't matter if the people involved are married. If a person hits another person.. then.. well the person hitting has broken the law, right? Gender doesn't matter either. If a woman hits a man, it is against the law, right? A man--whether be a husband, boyfriend, or just friend is well within his rights to call police if a woman hits him with malice, particularly if the argument is escalating to where maybe the man feels like he is going to lose his temper. Maybe the man cannot leave? Maybe he is afraid the woman will hurt herself or something? Maybe he lives in the house, too? I am sure there are many reasons a man would not be able to leave, necessarily. So yes, I think the police should be called for any assault and that goes for beating children, too!

Of course, I know many will disagree, but this is just my humble opinion.

lascantas said:

it would appear that many want to overlook the thought that a lot of times the woman is the one who intiates the assault.

I remember watching that Ricki Lake show years ago where they had a man who had cheated on his girl been physical, emotionally & verbally abusive to her. They dogged this guy out as I guess he deserved. But the next part of the show had a man whom his woman had been unfaithful,abusive towards him physical,verbal etc. Guess what there response was to her? NOTHING! In fact they asked him "What did you do to her to cause her to do these things to you.

It was the same situation but because of the gender it was excused.

If Rihanna did assault Chris first I feel really bad for him because I have been there before myself. plus the media, Tyra, Oprah and others are throwing him under the bus without knowing what happen or her roll in it all I don't think they even care about her roll or if she started it all (I think its waiting to exhale season again : )

daingermouz2020 said:

Yes, I agree with you in part, but Chris Brown should not have hit Rhianna. From reports, Chris Brown BRUTALIZED Rhianna. Chris Brown had the power to walk away.. or call the police, but he did not. Instead, he beat her badly, and this was not right. It seems it was even criminal. I still say Rhianna was a victim of a crime. But so was Chris,perhaps? It's just that Chris responded very, very badly, to say the least.

Have you ever seen that movie Thelma and Louise? Well.. you know Louise(??) was about to be raped. And then Thelma--with a gun--walks up to save her. And she does. But then the would-be rapist makes some mean comment, and Thelma turns around and shoots him because she herself had been a victim of rape in the past. But all of that did not matter because she killed him. She had the power to call police... even though maybe they would not have done anything. But then in killing this man, she became the criminal and made this horrible man the victim--if one looks at it superficially, you know? Both of these women became criminals when they were really "victims" all along. She killed this man, but in doing so, she did not necessarily empower herself: she lost everything. Some might say that she never had anything to begin with, but sometimes we must work within a system in order to change it. There was one "just" dectective, trying to help her and Louise, but--well.. if you have seen the movie.... Thelma and Louise.. well they gave up the fight, if you will, giving up hope and their futures--their chances to really make a change.

I just think men can be "victims" of the system and society,too, but they must start making better choices--to work within the system and society rather than taking matters into their own hands. So I think if men feel like "the situation" is out of control--if a man himself is pushed to the point of being out of control.. and the man wants to take some action, then CALL THE POLICE, regardless of feeling silly or whatever.

I just think women should not be hitting on men either. I do not hit my husband, and I have been plenty mad, too. I would rather leave than hit if he would ever be unfaithful to me or do say do anything to hurt me emotionally and of course physically. I would not want to become "the criminal" just because my husband had done something inexcusable, you know? And, btw, if my husband ever laid a hand on me, I would not only leave at least temporarily if not permanently and press charges. I would try to pursue counseling anger management to help him before I gave up altogether. But I would not go back unless I felt "safe," if I ever could feel safe again.

Of course, this is all just my humble opinion.

P.S. My father would want to kill my husband if my husband EVER even touched me, much less did what Chris Brown did to Rhianna. But this is a matter for another discussion.
[Edited 3/13/09 6:35am]

lascantas said:

Lascantas, read the "Gospel Star in Assault Rap" thread on this website. Tennessee classifies assault cases very similar to NYC and look at the affidavit.
[Edited 3/13/09 13:18pm]

daingermouz2020 said:

Yes, I agree with you in part, but Chris Brown should not have hit Rhianna. From reports, Chris Brown BRUTALIZED Rhianna. Chris Brown had the power to walk away.. or call the police, but he did not. Instead, he beat her badly, and this was not right. It seems it was even criminal. I still say Rhianna was a victim of a crime. But so was Chris,perhaps? It's just that Chris responded very, very badly, to say the least.

Have you ever seen that movie Thelma and Louise? Well.. you know Louise(??) was about to be raped. And then Thelma--with a gun--walks up to save her. And she does. But then the would-be rapist makes some mean comment, and Thelma turns around and shoots him because she herself had been a victim of rape in the past. But all of that did not matter because she killed him. She had the power to call police... even though maybe they would not have done anything. But then in killing this man, she became the criminal and made this horrible man the victim--if one looks at it superficially, you know? Both of these women became criminals when they were really "victims" all along. She killed this man, but in doing so, she did not necessarily empower herself: she lost everything. Some might say that she never had anything to begin with, but sometimes we must work within a system in order to change it. There was one "just" dectective, trying to help her and Louise, but--well.. if you have seen the movie.... Thelma and Louise.. well they gave up the fight, if you will, giving up hope and their futures--their chances to really make a change.

I just think men can be "victims" of the system and society,too, but they must start making better choices--to work within the system and society rather than taking matters into their own hands. So I think if men feel like "the situation" is out of control--if a man himself is pushed to the point of being out of control.. and the man wants to take some action, then CALL THE POLICE, regardless of feeling silly or whatever.

I just think women should not be hitting on men either. I do not hit my husband, and I have been plenty mad, too. I would rather leave than hit if he would ever be unfaithful to me or do say do anything to hurt me emotionally and of course physically. I would not want to become "the criminal" just because my husband had done something inexcusable, you know? And, btw, if my husband ever laid a hand on me, I would not only leave at least temporarily if not permanently and press charges. I would try to pursue counseling anger management to help him before I gave up altogether. But I would not go back unless I felt "safe," if I ever could feel safe again.

Of course, this is all just my humble opinion.

P.S. My father would want to kill my husband if my husband EVER even touched me, much less did what Chris Brown did to Rhianna. But this is a matter for another discussion.
[Edited 3/13/09 6:35am]

angel345 said:

In Rhianna and Chris Brown's case, I found out California has battery laws, and assault is an attempt.

angel345 said:

Assault is not restricted to an 'attempt.'
The common law definition can incorporate assault and battery into assault.
Or it can be separate charges of assault and battery, which are usually criminal rather than civil charges. Interestingly enough, if you are blindsided, there is no assault, only battery. If you don't know it's coming, you can't have the requisite 'reasonable apprehension of imminent harmful or offensive conduct.'

assault,n. 1. Criminal and tort law. The threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting another person in reasonable fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat to commit a battery. 2. Criminal law. An attempt to commit battery, requiring the specific intent to cause physical injury.
Black's Law Dictionary, 8th Ed. 1999. Thompson West.
[Edited 3/14/09 14:03pm]

angel345 said:

In Rhianna and Chris Brown's case, I found out California has battery laws, and assault is an attempt.

Interesting ..... I think I'll check out Thelma and Louise in the coming weeks

all those mistakes listed are good and shit but lets be real...people fuck up for all kinds of stupid reasons. I hate it when the counselors/self helpers/motivational speakers/talk show hosts come out with their psycho analyzing and act like people are gonna all of a sudden wake up and go "you're right". People learn to be abusers and to get abused and they have to unlearn it. For some people unfortunately the lesson will never be learned.

And if ur dealing with a crazy person and you know they are crazy, I don't care what any author says, you don't go aggravating them...walk away from their ass lest they get to wailing on you. im just sayin'

Ah... Ok.. thank you!

I understand what you are saying. In other words, in New York state, it is defined differently. In other words, "battery" is not consistent with New York state law, but it is in Cali or maybe in another state. It is just the way the words are defined per state. In New York, for example assault IS battery, right? There is no distinction. But in another state, assault would be the threat and battery would be the injury, right?



Yes, it's very good. In a way, it's like T&L said, "I am not going to take it anymore," you know? It was rebellious. But in being rebellious.. well you will see. It was a no-win situation. Very sad, I think.