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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 09-17-2008, 02:51 PM
Misty3065 Misty3065 is offline
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Default Is This Considered Assault
My question involves criminal law for the state of: MD
My son is in college in MD, he was playing a game on his computer, one of his suite mates didn't like the game so he came over and went to turn my son's computer off, my son grabbed his arm to stop him and the other kid proceeded to punch him in the temple.
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Old 09-17-2008, 03:01 PM
cyjeff cyjeff is offline
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Default Re: Is This Considered Assault
Quoting Misty3065
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My question involves criminal law for the state of: MD
My son is in college in MD, he was playing a game on his computer, one of his suite mates didn't like the game so he came over and went to turn my son's computer off, my son grabbed his arm to stop him and the other kid proceeded to punch him in the temple.
Yes.

Both committed violence against the other.
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Old 09-18-2008, 04:47 AM
BOR BOR is offline
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Default Re: Is This Considered Assault
Quoting Misty3065
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My question involves criminal law for the state of: MD
My son is in college in MD, he was playing a game on his computer, one of his suite mates didn't like the game so he came over and went to turn my son's computer off, my son grabbed his arm to stop him and the other kid proceeded to punch him in the temple.
I would say your son's "touching of the person" to prevent a change of program was a "harmless" action, and just a product of interaction.

However, it seems the other kid felt it was unjustified to the point it was hurting him and he defended himself by reflex and or to "break the hold"?? OR he just belted him in retaliation when he was not actually hurting??

The law, at times, is not crystal clear, as it can't be, there is just too much jurisprudence and case law to sift through.

Greatly depending on the facts, as told by each party, it seems it may be just a chalk it up type of thing??

IMO, I don't see the police intervening as far as a criminal charge?
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