What Actions Can be Charged as Assault

My question involves criminal law for the state of: California

I recently turned 18 (this past week) and therefore am fully considered an adult in the eyes of the law. I know I could have been tried as an adult earlier than this, but it is for sure now.

A few days ago, a man in public made one of the most disrespectful, misogynistic remarks I have ever heard. The man was middle aged and had a demeanor about him I can't describe, but I just knew from it and his comment that he was a real worm. I am not generally a violent person, but in that moment, with many people around (who most likely felt the same way as I did) I felt the most intense need to just slug this guy right in the nose. Any self-respecting man who regards women as equals I'm sure would feel similarly.

Well, I didn't end up doing it, because my dad, next to me, whom I quietly told, "I'm going to knock that guy right out" reminded me that I am now an adult, and I can be sued for assault and perhaps go to jail for a long time. Looking back I know this is wise, but I am very worried that sometime in the future I might have a similar moment.

How "bad" does something need to be to be considered assault, specifically in the state of California? It somehow feels strange that in our society two people can't get in a fight without someone pressing charges for something or rather. Often times, a fight can be a legitimate way to resolve conflict, not always the best option, but a viable one. I understand it is my responsibility to not think like this, but the reality is that it happens.

So, what could I do that would land me in jail in one of these moments? Thank you for any insight.

In basic terms, "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." PC Sec. 240.

If you actually follow through and make contact, that could be battery. PC Sec 242.

I would strongly suggest you seek assistance for your anger before it gets you into trouble.

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Quoting TawClaw

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A few days ago, a man in public made one of the most disrespectful, misogynistic remarks I have ever heard. The man was middle aged and had a demeanor about him I can't describe, but I just knew from it and his comment that he was a real worm. I am not generally a violent person, but in that moment, with many people around (who most likely felt the same way as I did) I felt the most intense need to just slug this guy right in the nose. Any self-respecting man who regards women as equals I'm sure would feel similarly.

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FEELING and acting on that feeling are different things.

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Well, I didn't end up doing it, because my dad, next to me, whom I quietly told, "I'm going to knock that guy right out" reminded me that I am now an adult, and I can be sued for assault and perhaps go to jail for a long time. Looking back I know this is wise, but I am very worried that sometime in the future I might have a similar moment.

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Even as a juvenile you could have been locked up. The crime would have been the same as would the penalties. It's a myth that you can get away with something simply because you are a juvenile. The differences might be only in where you do any time you might serve - juvenile hall versus county jail.

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How "bad" does something need to be to be considered assault, specifically in the state of California? It somehow feels strange that in our society two people can't get in a fight without someone pressing charges for something or rather. Often times, a fight can be a legitimate way to resolve conflict, not always the best option, but a viable one. I understand it is my responsibility to not think like this, but the reality is that it happens.

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Assault is a "whiff." That is, it is a swing and a miss on someone. If you connect, it's battery - as was pointed out.

No, someone being a misogynistic jerk does NOT qualify as "assault" under any legal definition in CA.

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So, what could I do that would land me in jail in one of these moments? Thank you for any insight.

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Hitting this person could land you in jail. Pushing him, shoving him, damaging his property, waving a weapon at him, etc. could all land you in jail. Calling him a jerk shouldn't. So, when faced with jerks it is most often best to ignore them, or, respond ONLY verbally lest YOU go to jail.

You can't just slug people because they say something that you find offensive. And even when they do say things that are offensive, and even considered hate speech, you still can't slug them and not expect to be arrested and charged. Fights are legitimate ways to resolve conflict? Really, that's what you think? If someone says something you disagree with or find offensive, you can just slug them? Go see someone for your sake and the sake of others who find themselves around you.

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Quoting TawClaw

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It somehow feels strange that in our society two people can't get in a fight without someone pressing charges for something or rather. Often times, a fight can be a legitimate way to resolve conflict, not always the best option, but a viable one.

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the problem with this line of reasoning is that you are not referring to a fight between two people, you are talking about one person attacking another. This other person did nothing to you, you are free to ignore whatever comes out of his mouth. But "I'm going to knock that guy right out" is not the same as having a fight with him, it's more like the "knock-out game" that's been sweeping the country lately. It's an unprovoked attack, plain and simple.

Remember, "Sticks and stones may break my bones but........."