FlyerTalk Forums - View Single Post - Aggressive, Vulgar Behavior from Uniformed Non-AA Pilot Passenger
Old Jun 9, 2018, 8:57 am
  #118  
SamOF
 
Join Date: Oct 2007
Location: DCA
Programs: DL DM, AA EXP, various hotel
Posts: 2,227
Originally Posted by Always Flyin
No. An assault is basically a swing and a miss--not an "I oughta . . .".

I gave you the LEGAL definition of an assault.

And, yes, I am a lawyer.
<redacted>

Your definition describes attempted battery in most places, not assault. Assault is generally any attempt—which can often take the form of words or gestures—to make the victim reasonably fear imminent touching or offensive physical contact. “Why I oughta” muttering from someone who physically can prevent you from leaving your enclosed space could certainly qualify.

Under the general definition, there is zero requiment that the physical contact is actually attempted, or that there is actually an ability to make physical contact—all that matters is that the assailant makes the victim reasonably fear that it’s going to happen.

Last edited by JDiver; Jun 9, 2018 at 9:00 am Reason: Redacted personal attack - warning!
SamOF is offline