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[QUOTE]Originally posted by glassman: [QB] thats' the law of the land dude... it's not outdated at all.. if you threaten somebody and make them reasonably beleive they are in danger from you? you have committed simple assault.. even pointing an unloaded gun at somebody is simple assault (at minimum)... [b] Definition of Assault - Texas Penal Code § 22.01. ASSAULT. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. [/b] from Blackstone: [b]Assault and Battery Assault and battery. Any unlawful touching of another which is without justification or excuse. It is both a tort, Trogun v. Fruchtman, 58 Wis.2d 569, 207 N.W.2d 297, as well as a crime, Scruggs v. State, Ind.App., 317 N.E.2d 807, 809. The two crimes differ from each other in that battery requires physical contact of some sort (bodily injury or offensive touching), whereas assault is committed without physical contact. In most jurisdictions, statutes have created aggravated assaults and batteries, punishable as felonies, and worded in various ways. See Battery. SOURCE: Black's Law Dictionary, Sixth Edition [/b] aggravated assault or assault and battery is when someone actually does hurt someone... simple (usually misdemeanor)asault is threatening someone... under federal guidelines? simple assault includes black eyes and injuries requiring less than two days hospital stay.. so nothing more than simple assault has occurred in this case so far, unfortunatley? the whole situation MAY be spinning out of control.... [/QB][/QUOTE]
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