Assault & Battery Is this battery?

[BLabelle]

Jurisdiction

New York

So my parents were outside coming k to the house and someone threw a Heineken bottle next to them. My father said he saw the 2 unknown perps run away. There is a "pizzeria" (I use that word loosely) on my street that is filled with local drunks. Me and my husband suspected it was someone particular we know who tried to target my mother and father so my husband went to the "pizzeria" to search for the person.

My husband was upset and checked the bathroom while slamming the door (it's a light door).
My husband asked the people in the bar, I mean "pizzeria" if they had seen this man. They said had a twisted story, saying they didn't know him but then saying this person moved away 2 years ago (when we saw them 2 months ago). They are obviously lying to protect this hooligan. They ask why he's looking for this man which is none of their business and then...

One big guy calls my husband a bitch. Provoking my husband for no reason and my husband is already stirred up from the situation, so husband spits on the floor (because he knows it illegal to spit on someone) but the spit accidentally lands on the big guys shoe or pant leg.

So then the big guy starts attacking my husband slamming Jim against the wall and punching him and my husband is kicking back in defense. Then my husband said he bit that guys hand to get him off of him. (There were 3 guys to 1) and eventually the fit broke up quickly and the only real injury I see is a few little scars and a swollen arm.


I am just wondering who is in the right? My husband was provoked, he didn't mean to spit on someone and the other guy attacked first.

The big guy claims that my husband was slamming things. He accidentally slammed the bathroom door because it's light, that's no reason to call someone a bitch and provoke them.

What sort of case does this have?

 

[army judge]

What sort of case does this have?

What your husband did was foolish.
In fact, he could have been considered guilty hooliganism or vigilantism, himself.

Back to your question, "did your hubby commit battery"?

People tend to confuse "assault" and "battery", it is important to understand that they are two distinct offenses.

An individual could be charged with BOTH assault and battery, as these offenses often go hand-in-hand.

They are, however, two very different types of crime.

Assault in NY State is defined as any act in which a person threatens to take violent action against another person, and expresses the intent to do so.

One does not necessarily have to commit an act of violence to be charged with assault however, as he or she could be charged for threatening to inflict bodily harm upon or about the person of another.

It is important to note that the intended target must also have felt that danger was imminent and/or that the aggressor would have harmed them if they were not prohibited from doing so.

The more serious cousin of the offense of assault is battery.

Assault is generally described as threatening or attempting to hit, strike, attack, or otherwise injure another person. It does not matter whether the individual is successful in the assault, the intent is enough to get you charged.

Depending upon the severity of the incident as well as the circumstances and individuals involved, you could be facing anywhere from a class A misdemeanor (a year of jail time at most) to a class B felony.

A class B felony is the second highest felony in NY – the punishment for such is only second to life imprisonment and the death penalty.

If any person is charged with assault in New York, it is extremely important that she or he retain a competent and qualified criminal defense attorney. It is also important that the person REMAIN SILENT and INVOKE, if questioned by the police. Don't do MORE stupid stiff by trying to explain why you did as the police suspect.

1 Assault in the third degree can be charged if you intend to cause physical injury to another person and do.

2 Assault in the second degree can be charged if you intend to cause physical injury to another person with the use of a dangerous weapon or instrument and eventually succeed.

3 Assault in the first degree can be charged if you intend to permanently harm, disable, disfigure or otherwise seriously injure a person by use of a dangerous instrument or weapon and do.

4 Gang assault can be charged if you intend to inflict serious physical injury to another person and do such while aided by two or more people.

5 Assault on a law enforcement official can be charged if you intend to seriously physically injure a police officer or similar official while they are attempting to perform their duties.

From this point forward, your husband could be in legal jeopardy.
If the police do come calling, he should do as the lawyer in this video instructs, STFU.
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He also needs to learn to call "911".

He might have been KILLED last evening, and you would be here today asking how to sue for "wrongful death".
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New York Assault Laws - 3rd Degree Assault Penalties in NY | Assault and Battery Laws
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[BLabelle]

What your husband did was foolish.
In fact, he could have been considered guilty hooliganism or vigilantism, himself.

Back to your question, "did your hubby commit battery"?

People tend to confuse "assault" and "battery", it is important to understand that they are two distinct offenses.

An individual could be charged with BOTH assault and battery, as these offenses often go hand-in-hand.

They are, however, two very different types of crime.

Assault in NY State is defined as any act in which a person threatens to take violent action against another person, and expresses the intent to do so.

One does not necessarily have to commit an act of violence to be charged with assault however, as he or she could be charged for threatening to inflict bodily harm upon or about the person of another.

It is important to note that the intended target must also have felt that danger was imminent and/or that the aggressor would have harmed them if they were not prohibited from doing so.

The more serious cousin of the offense of assault is battery.

Assault is generally described as threatening or attempting to hit, strike, attack, or otherwise injure another person. It does not matter whether the individual is successful in the assault, the intent is enough to get you charged.

Depending upon the severity of the incident as well as the circumstances and individuals involved, you could be facing anywhere from a class A misdemeanor (a year of jail time at most) to a class B felony.

A class B felony is the second highest felony in NY – the punishment for such is only second to life imprisonment and the death penalty.

If any person is charged with assault in New York, it is extremely important that she or he retain a competent and qualified criminal defense attorney. It is also important that the person REMAIN SILENT and INVOKE, if questioned by the police. Don't do MORE stupid stiff by trying to explain why you did as the police suspect.

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So, although my husband didn't mean to spit at the man, (they were in close quarters if he wanted to spit directly on him it wouldn't have been hard) and it accidentally hit his shoe,
the big guy cornered my husband and threw the first punch after insulting my husband, he would still be at fault? Even though my husband meant no harm? His spit on the floor was just a general reaction to the big guy insulting him and he did not throw the first punch. While the fight started my husband only fought to get the big guy off of him. All my husband did was spit on the floor (accidentally hit his shoe) and then defend himself after the big guy attacked him. He is still at fault? Even though the spit was provoked? Intended no harm, but meant to express his emotions.

 

[army judge]

So, although my husband didn't mean to spit at the man, (they were in close quarters if he wanted to spit directly on him it wouldn't have been hard) and it accidentally hit his shoe,
the big guy cornered my husband and threw the first punch after insulting my husband, he would still be at fault? Even though my husband meant no harm? His spit on the floor was just a general reaction to the big guy insulting him and he did not throw the first punch. While the fight started my husband only fought to get the big guy off of him. All my husband did was spit on the floor (accidentally hit his shoe) and then defend himself after the big guy attacked him. He is still at fault? Even though the spit was provoked? Intended no harm, but meant to express his emotions.

You can ask the same question a million times, it won't change the answer.
The police will make their determination, the prosecutor will then approve or reject the actions of the police.
The judge and jury will sit in judgment of the matter, and he will live with his choices.

I don't know if anyone was at fault.
I simply gave you the law as promulgated by your NY state legislature and governor.

I suggest you advise your husband to view the video, and INVOKE when the polce come calling.

It might also be a good idea to talk to some bail bonding agency and get ready to arrange bail, just in case.

I have no dog in this matter.
My opinion won't matter.
You're wasting your time going back and forth with me, I'm just another NOBODY.
Good luck.

 

[Highwayman]

There is no such thing as "battery" in New York.

Assault requires a physical injury. You didn't make it at all clear WHO suffered the swollen arm and scratches.

In any event, your husband would be guilty of "harassment" for the spitting and whoever caused the injuries would be guilty of assault.

Of course, the county of occurrence might dictate the charges. What might be an assault in Greene County might only get charged as harassment in Manhattan. Since it sounds like you may live in a trailer park or vicinity I would go with the assault.

You also didn't say whether the police were involved.

And I agree that your husband acted foolishly and should have not tried to be a hero.