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Originally Posted by
medic51vrf
Nope, not in this case. Assault is the threat of battery. From what I read, there was no prior assault, just the battery. If the person had said "Go away or I will throw my boarding pass in your face" and then did so that would be A&B in most places.
BTW, I'm talking about a general definition in the US. In Australia it would have been assault.
[
Personalized remark deleted by Moderator.]. In certain states, if it was anything, it was assault, not battery. New York comes to mind. And it would be a real stretch to prove assault in this case under New York law.
Last edited by Ocn Vw 1K; Aug 7, 2012 at 4:13 pm
Reason: Please see above note.