
Originally Posted by
Firefighterchen
Being threatened is assault. Telling someone you are going to harm them is assault. After you physically touch them, thats battery. As a paramedic, if i ask someone if I can start an IV and they say no, I can not say, "I am going to start an IV anyways." That is assault. If I grab them and start the IV, that is battery.
Don't assume anything about the other poster's situation, you weren't there. Do you find it at all hypocritical that you would brandish a firearm against people just following you, but wouldn't against someone who was threatening violence? How would you feel if your peers thought you deserved to have those people follow you?
I do not feel you did anything wrong in your situation, and I don't feel the other poster did anything wrong either (except the CCW charge for not having his permit on his person). The courts decided that as well.
Firefighterchen has been critical of me and some of my posts and has made me re-post to clarify some things because he has called me on the carpet. However, I have an immense amount of respect for him because the man KNOWS what he is talking about!
"Assault" is talking, yelling, swearing, sounds, cat calls, whistles or any attention directed at you that you do not desire and/or that you find offensive. "Battery" is defined as "offensive touching," which means hitting, pinching, poking, tickling, flicking up to and including getting hit with a baseball bat: It is any "touch" of any hand, foot or object that you do not like or don't want to happen.
And before everyone starts with the "what ifs," yes, the drunk babbling at you on the corner is committing assault, it's just not enough to get him arrested. However, it could be the start of a chain of charges if you move away and he starts t follow you (harassment), grabs your shoulder (battery), and then begs for money (panhandling). It depends on the totality of the circumstances.
Which brings us back to Cotillion and his situation. First off, Cotillion, if you're still reading this, thank you for posting it for us to learn from and taking the fusillade of Monday-morning quarterbacking from all of us. The reality is that we discuss laws and scenarios on the forums, we practice training in sterile ranges with full lighting and ranges neatly marked, we never have innocent civilians cluttering up are practice field and when it comes time to apply what we have talked about and shot paper targets for and taken classes for and memorized laws for, we realize that there are many, many holes in our training! It's no one's fault - there is simply no way to cover in training every possibility that could happen on the street nor every reaction of a BG, civilian, store clerk or police officer. Real life is much faster than training and most people do much more wrong than Cotillion. Many never learn from their real life experiences - Cotillion did. Most people walk around completely oblivious to their surroundings and would have never spotted the BGs at the store - Cotillion did. And Cotillion doesn't need to apply the laws of the other 49 states, Guam or Puerto Rico, just his.
We're supposed to be here to learn and support each other. It's a fine line between doing a critique of Cotillion's actions and criticizing Cotillion personally. If every person that posts is hoisted upon his petard, we will find ourselves in short supply of experiences from which we can learn, and, quite frankly, I would appreciate more of these less-than-perfect accounts to find out what happens to people in the real world right her in the U.S. of A. instead of being told what SHOULD happen if and when it does by some expert in a magazine. So, for those of you that have a spiritual bent, I will end with the mantra I frequently beat myself over the head with:
“Do not judge, or you too will be judged. For in the same way you judge others, you will be judged, and with the measure you use, it will be measured to you." Matthew 7:1-2