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Ha, mine maxed out a 1/4 Mil!
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Non-Deadly Force: This refers to force that is not likely to cause death or great bodily harm, such as hitting or shoving someone. A person is justified in using non-deadly force where they reasonably believe that it is necessary to defend against another's imminent use of unlawful force. There is no duty to retreat.
Deadly Force: According to Florida law, a person can use or threaten to use deadly force to prevent the imminent commission of "forcible felonies" such as assault, burglary, or kidnapping. It is also allowable to prevent imminent death or great bodily harm.
In a state where Statutory Laws are the rule. Example: Hawaii. A Law has to be written in the books (Hawaii Revised Statutes). Common Law is NOT recognized.
With an Assault charge (in Hawaii).....there must be pain and/or injury. IMHO.....it makes it easier to understand. Versus....."He touched me, that's an ASSAULT!"
Aloha, Mark
Yet, it happens on a daily basis...
The problem is some in our society have lost all civility. Then you have politicians condoning this behavior. The good citizens have no choice but to protect themselves. With lethal force if necessary.I can see this in two directions. One, you're walking out of a fast food joint and accidentally bump someone -- that shouldn't be assault and is easily handled with an intent element. But when I see people screaming at other people literally inches from their face -- but not touching -- and there are no consequences for that behavior, I feel like assault laws should be made very broad and harshly punished. That's an emotional reaction to seeing these things and so if it were to pass, would probably have a lot of unintended consequences, but I've seen so many videos of cops standing stone faced while a lunatic is spittle-screaming in their face -- or diners where someone is screaming at them too -- it's just effing wrong and if you don't know that, you deserve some time in hoosegow to contemplate social etiquette.
Most places consider that assault, and even in Oregon where we apparently don't consider it assault we have a crime that applies.But when I see people screaming at other people literally inches from their face -- but not touching -- and there are no consequences for that behavior, I feel like assault laws should be made very broad and harshly punished.
"Let them contemplate proper social etiquette on the Tree Of Woe"...I can see this in two directions. One, you're walking out of a fast food joint and accidentally bump someone -- that shouldn't be assault and is easily handled with an intent element. But when I see people screaming at other people literally inches from their face -- but not touching -- and there are no consequences for that behavior, I feel like assault laws should be made very broad and harshly punished. That's an emotional reaction to seeing these things and so if it were to pass, would probably have a lot of unintended consequences, but I've seen so many videos of cops standing stone faced while a lunatic is spittle-screaming in their face -- or diners where someone is screaming at them too -- it's just effing wrong and if you don't know that, you deserve some time in hoosegow to contemplate social etiquette.
"Pit of Misery, dilly-dilly!""Let them contemplate proper social etiquette on the Tree Of Woe"...
Yet, it happens on a daily basis...
Funny, I don't go to where people are protesting, and I never run into this kind of issue, either. I know...Funny, I don't go to where people are protesting, and I never run into this kind of issue. Who knew?
Most places consider that assault, and even in Oregon where we apparently don't consider it assault we have a crime that applies.
The problem doesn't appear to be the law as written for once, but the application. Or as Mark Twain said , "The trouble ain't that there is too many fools, but that the lightning ain't distributed right."That's true but absolutely nobody is being prosecuted for doing this. I wish some prosecutor somewhere would.
In Oregon, menacing is the component that places a person in fear of imminent physical injury, and assault is the actual infliction of physical injury part.