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In Louisiana what are the chances of a guilty verdict for simple assault if the alleged assault took place on a phone with no witness's?
Wiki User
∙ 16y ago
Assault is the act of placing another in the apprehension of an IMMEDIATE battery. It must be face to face. Pee-Wee Herman could assault Mike Tyson, because it doesn't matter if the one who is the victim of the assault can defend themselves adequately. If Pee Wee raised his fist to Tyson, Tyson is assaulted. If Pee Wee called on the phone or mailed a letter, or whatever and said he was coming over and beat the stuffings out of Tyson, no assault becaus the threat is not immediate. Battery is the harmful or offensive touching of another, and does not necessarily require bodily contact. An example is pulling a chair out from other another person who is starting to sit down. Another classic case involved pulling a plate out of another person's hand at a buffet. I can't punch you over the phone. Therefore the element of immediate battery does not exist. There is no chance under this definition that an assault could happen.
Wiki User
∙ 16y ago
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