Assault, Apprehension, and Immediacy

[untouchedworld]

My question involves criminal law for the state of: Illinois

Hypothetical scenario:

A boyfriend and girlfriend are arguing. She has a paranoid personality, thinks he is angry at her and going to hurt her. The boyfriend calls out her paranoid belief system; and they start arguing about relationship problems for a few minutes. The boyfriend tells the girlfriend to leave after she keeps insulting his responsibilities in life. The girlfriend gives the boyfriend an angry look, leaves the room the two were arguing in, and she walks into a bedroom owned by the boyfriend's brother. The boyfriend sits around for a few minutes, walks into the brother's bedroom, and then starts jacking with his girlfriend with a mechanical pencil. He plays around with the girlfriend, showing that she has no reason to fear him, because he's not stabbing her. The girlfriend doesn't yell at the boyfriend, but she shows annoyance. Afterward, the boyfriend takes a knife and starts pointing it at her. The boyfriend does not come to her with the knife. The boyfriend does not attempt to stab her with the knife. The boyfriend just keeps pointing it at her.

At no time is the boyfriend angry at the girlfriend. The boyfriend feels like being a jerk and using reverse psychology on the girlfriend to show her that he is not mad at her; and that her beliefs are just paranoid beliefs, and that she can trust him. She eventually yells at him to knock off what he is doing, and he knocks it off.

The attendant circumstances are that he simply wants her to trust him, so he later calls her over to sit on another bed in the bedroom and play a hand-slap game. The girlfriend and him find fun in it; and then the girlfriend cools down. It is believed that she is still upset from the argument.

The girlfriend never files a police report on the situation. She doesn't immediately leave the house that the boyfriend and her are in. She does not scream in terror in belief that she is going to be hurt.

What kind of assault has this boyfriend committed?

Negligent assault?
Reckless assault?
Intentional assault?

The boyfriend did not hold the intent to harm the girlfriend nor threaten the girlfriend with harm.

Two days later, she tells him that she loves him.
But then she starts talking to her friends who persuade her to break up with him.
A day later, she breaks up with him claiming that he has anger issues.

I'm reading that assault implies immediate apprehension of harm. If this were true, then wouldn't the girlfriend had shown immediate apprehension by reacting, filing a police report, and not telling the boyfriend that she loved him?

[free9man]

Please keep it all in one thread as it is ALL the same situation.

[untouchedworld]

What is?

This is a hypothetical situation. There were no police reports. This is not related to a police report thread.

I'm attempting to understand assault law unless you know of a law study forum you can point me at.

I'm thinking it's negligent assault, as there was no intent and it wasn't really reckless.
But that's because I'm equating negligence with something like medical malpractice, whereby the treatment was improperly conducted.

Of the various stories I've read on the Internet, they do describe stories of assault; but they don't go into details, such as whether or not the victim filed a police report or scream or anything like that. Thus, immediacy becomes an issue, as I've read.

[viol8te]

A boyfriend and girlfriend are arguing. She has a paranoid personality, thinks he is angry at her and going to hurt her.

You show an understanding that she is not taking anything as a joke and is exhibiting fear of violence.

The boyfriend calls out her paranoid belief system; and they start arguing about relationship problems for a few minutes.

Again, you display that this is not a joking situation, but you engaged anyway.

The boyfriend tells the girlfriend to leave after she keeps insulting his responsibilities in life. The girlfriend gives the boyfriend an angry look, leaves the room the two were arguing in, and she walks into a bedroom owned by the boyfriend's brother. The boyfriend sits around for a few minutes, walks into the brother's bedroom, and then starts jacking with his girlfriend with a mechanical pencil. He plays around with the girlfriend, showing that she has no reason to fear him, because he's not stabbing her. The girlfriend doesn't yell at the boyfriend, but she shows annoyance. Afterward, the boyfriend takes a knife and starts pointing it at her. The boyfriend does not come to her with the knife. The boyfriend does not attempt to stab her with the knife. The boyfriend just keeps pointing it at her.

Now we are getting to it! Now you have committed a batery by jabbing her with the pencil while she is under the impression that you are willing to do bodily harm to her. You further this issue by pulling a knife out and threatening her with it. She's unarmed and you are. All this after a verbally aggressive confrontation. Not smart.

At no time is the boyfriend angry at the girlfriend. The boyfriend feels like being a jerk and using reverse psychology on the girlfriend to show her that he is not mad at her; and that her beliefs are just paranoid beliefs, and that she can trust him. She eventually yells at him to knock off what he is doing, and he knocks it off.

I bet she begs to differ on that. At no point is there any indication of her feeling safe. It looks as if she could be playing along for fear of a potential escalation in your behavior. You went from poking her, to a knife. To passive aggressive displays of being a self admitted jerk.

The girlfriend never files a police report on the situation. She doesn't immediately leave the house that the boyfriend and her are in. She does not scream in terror in belief that she is going to be hurt.

What kind of assault has this boyfriend committed?

Negligent assault?
Reckless assault?
Intentional assault?

The boyfriend did not hold the intent to harm the girlfriend nor threaten the girlfriend with harm.

Domestic battery and aggravated assault. Your version that you meant no harm does not reflect in your actions.

I'm reading that assault implies immediate apprehension of harm. If this were true, then wouldn't the girlfriend had shown immediate apprehension by reacting, filing a police report, and not telling the boyfriend that she loved him?

Nope, she showed apprehension. It can be argued that she also showed it when she called to make things better.

[Lehk]

assault with a deadly weapon (knife, category II) would be a class A misdemeanor


http://www.ilga.gov/legislation/ilcs...eqEnd=23200000

c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in

the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
...
d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), or (c)(4) is a Class A misdemeanor,

[untouchedworld]

Hello, viol8te.

In the scenario,...

The girlfriend has a paranoid personality. It is not understood why. It is believed the girlfriend has a delusional personality and takes medications for anxiety. As such, it is believed that she is insane but does not truly believe in the things she speaks of. At no time was her mental health, anxiety or paranoid personality disorder, considered by the boyfriend during the ordeal. It was previous known, but it was not considered during the time the events occurred. No jabbing of the mechanical pencil occurred. As such, no battery occurred. At no time was contact made. At no time was there an intention or belief that contact would be made.

My argument is that the girlfriend did not feel apprehension. Something happened in between when the girlfriend told the boyfriend that she loved him and when she broke up with him. Perhaps someone led her to believe that she did feel apprehension. As you state, it can be argued that she also showed it when she called to make things better. Cannot it be argued that she first showed it when she called to make things better or that someone influenced her to think that she apprehended immediate fear of harm after her and the boyfriend parted ways?

And if she claims to have shown it during the phone call, after she had told the boyfriend that she loved him, then cannot it be said there were intervening causes that influenced the girlfriend to feel or then believe that apprehension occurred?

If the girlfriend did feel apprehension, then what proof can she have?
The boyfriend did not intend for her to apprehend immediacy of harm or that harm would occur.

1) There was no police report.
2) The girlfriend told the boyfriend she loved him.

Those two things are evidence of absence. In addition, the girlfriend did not immediately leave, avoid the boyfriend, or other things that would signify that immediacy of harm was going to occur.

There is action and then there is state of mind. The action occurred, but the state of mind of the boyfriend was not to harm or intend to harm.
No battery occurred.

@ Lehk

I've read through the criminal code.

I do not see knives being described. It does not appear to be within aggravated assault. It appears to be assault.

"or any device manufactured and designed to be substantially similar in appearance to a firearm"

It says substantially similar. It does not appear that anything in assault covers knives in the Illinois law except battery or other acts of violence with physical contact.
Sure, I can see how it relates to assault as a tort; but it doesn't seem to be criminal.

[Dogmatique]

Reality check.

"Insane" is not a clinical diagnosis.

How the hell would the boyfriend know whether or not she felt apprehension?

And exactly what are her diagnoses?

[viol8te]

The girlfriend has a paranoid personality. It is not understood why. It is believed the girlfriend has a delusional personality and takes medications for anxiety. As such, it is believed that she is insane but does not truly believe in the things she speaks of. At no time was her mental health, anxiety or paranoid personality disorder, considered by the boyfriend during the ordeal. It was previous known, but it was not considered during the time the events occurred. No jabbing of the mechanical pencil occurred. As such, no battery occurred. At no time was contact made. At no time was there an intention or belief that contact would be made.

Show me the boyfriend's credentials to make such a qualified diagnosis. The term "jacking the mechanical pencil" gives the impression that contact was made physically. That particular argument would probably be challenged later as well.

My argument is that the girlfriend did not feel apprehension. Something happened in between when the girlfriend told the boyfriend that she loved him and when she broke up with him. Perhaps someone led her to believe that she did feel apprehension. As you state, it can be argued that she also showed it when she called to make things better. Cannot it be argued that she first showed it when she called to make things better or that someone influenced her to think that she apprehended immediate fear of harm after her and the boyfriend parted ways?

Your view as to what her frame of mind was at the time is irrelevant. Your words describing the event in your initial post, offers a different account. You can't testify to the mind state of this young lady. Domestic situations often occur with the victim doing anything and everything to maintain safety until she can gain the freedom needed to report an issue to the authorities. So, again, you can't speak on her apprehension based of what you saw at the time all of this was going on.

And if she claims to have shown it during the phone call, after she had told the boyfriend that she loved him, then cannot it be said there were intervening causes that influenced the girlfriend to feel or then believe that apprehension occurred?

Sure it can. Good ol' safety planning techniques will often teach this as well. She seemingly stayed level headed instinctually. I commend her for maintaing a level head considering she was being antagonized and had a knife pulled on her as well.

If the girlfriend did feel apprehension, then what proof can she have?
The boyfriend did not intend for her to apprehend immediacy of harm or that harm would occur.

Your own words...

She ... thinks he is angry at her and going to hurt her.

I excluded the unoffical diagnosis.

[untouchedworld]

Hello, viol8te

I appreciate your commentary on this scenario.

Domestic situations often occur with the victim doing anything and everything to maintain safety until she can gain the freedom needed to report an issue to the authorities. So, again, you can't speak on her apprehension based of what you saw at the time all of this was going on.

The scenario is hypothetical. You continually use second-person.

Alright, then. Consider this.

The boyfriend was 200 miles away for at least two days. During the second day the boyfriend was 200 miles away, and the girlfriend told him that she loved him. The girlfriend knew the boyfriend had to travel away. As such, being that the boyfriend was away at such a far distance, then the girlfriend had opportunity to report the situation to police. It was not until the third day the boyfriend was away did the girlfriend allege apprehension after talking to her friends.

That is why I'm questioning apprehension and immediacy: The distance between the two people.

Another thing to take into consideration is that the girlfriend's friends have a history of malice toward the boyfriend that goes back before the boyfriend started dating his girlfriend.

Reality check.

"Insane" is not a clinical diagnosis.

How the hell would the boyfriend know whether or not she felt apprehension?

And exactly what are her diagnoses?

You're right. Insane is not a clinical diagnosis.

How would the boyfriend know? It's called reaction. It's how the person reacts to a situation. Fight or flight response often occurs when a person is in danger, especially in danger of great bodily harm. Skin color, physical response, eye dilation, etc...

The boyfriend knows the person had issues with depression and anxiety medication. However, the boyfriend also saw the girlfriend express paranoid beliefs and fears with delusions of persecution. At no time did the boyfriend consider the psychological disorders of the girlfriend while he managed the knife.

...

Also, if anyone knows Illinois criminal law that goes into a detail like this, that would be great. I am not sure if what Lehk provided is accurately related to this issue.

[Dogmatique]

Maybe she only felt safe enough to report things once he was out of the way.

Are you seriously not comprehending the real issue here?