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  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Default Common Assault Charge After an Argument

    My question involves criminal law for the state of: sec 266 common assault
    Got into an arguement with a guy blocking my vehicle from getting into a parking lot. Called me names got out of my truck and pushed him. Proceeded back into my truck and he yelled assualt! He called the police and they arrested me. It was just a light push said I was trying to choke him but I was'nt.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Am I at Fault

    What state are you in?

    yes, you pushed him - that's assault (or battery, depending on the term in you state). An unwanted touching (i.e. a push) is sufficient for most such offenses. had you tried to choke him, you likely would have faced a greater charge.

    EDIT: On a Google hit, I found 266 to be a Canadian code. If so, this is all that is required for a person to commit assault: "without the consent of another person, he applies force intentionally to that other person, directly or indirectly"

    Get an attorney, and expect to potentially be found guilty. Hope they offer a deal. Maybe you can start taking some anger management classes now to show the court later that you are doing something to address your anger issues.

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