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  1. #1
    Machine Gunner RblDiver's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    Not sure where you got that information from...but it's wrong. Assault (1st, 2nd and 3rd) does require various degrees of physical injury. And there's no such offense as battery (at least under state statutes) in Colorado.
    Hrm, I know my law prof a year ago explained the difference to us, and that in one system, assault and battery are separate (assault being the "threat of harm" (so if I threaten your back but you're unaware, I've committed no assault), battery being the unlawful contact with you or any of your immediate possessions (like a purse)), versus assault (which is both of the above). I want to say that he said the "assault and battery" (separate) were in the civil court system, whereas the assault you're referring to is criminal.

    ((OT) Ironically, unlawful imprisonment does NOT require you to be aware. If you lock me in my room while I'm on my computer, and later unlock it, even if I never stirred from my computer I could have a case against you :P)
    Last edited by RblDiver; 07-26-2013 at 13:23.

  2. #2
    Fleeing Idaho to get IKEA Bailey Guns's Avatar
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    Quote Originally Posted by RblDiver View Post
    Hrm, I know my law prof a year ago explained the difference to us, and that in one system, assault and battery are separate (assault being the "threat of harm" (so if I threaten your back but you're unaware, I've committed no assault), battery being the unlawful contact with you or any of your immediate possessions (like a purse)), versus assault (which is both of the above). I want to say that he said the "assault and battery" (separate) were in the civil court system, whereas the assault you're referring to is criminal.

    ((OT) Ironically, unlawful imprisonment does NOT require you to be aware. If you lock me in my room while I'm on my computer, and later unlock it, even if I never stirred from my computer I could have a case against you :P)
    Well, I can't speak to what you're professor told you. But that doesn't change the fact there's no such state charge as battery. There may be a municipal violation of "Battery" but I looked up the Town of Monument muni code and there's no charge for battery. If it's a civil charge, the cops wouldn't have anything to do with it. Aurora may have a muni code for Battery...not sure.

    The state charge of Harassment (CRS 18-9-111) involves unwanted physical contact without bodily injury...strikes, shoves, kicks...or directing obscene language or gestures towards another person.
    Stella - my best girl ever.
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  3. #3
    Machine Gunner RblDiver's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    If it's a civil charge, the cops wouldn't have anything to do with it.
    The more I think about it, the more I'm convinced it was the civil portion of the law which separated them. So if someone hit me, the state'd charge them with assault, while I sued them for assault and battery, that sort of thing.

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