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Ahmaud Arbery murder case
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<blockquote data-quote="RonJohn" data-source="post: 716217" data-attributes="member: 2426"><p>Assault is defined as:</p><p></p><p>By their own admission, they were trying to stop him. The man in the road had a shotgun in his hands and was trying to stop him. If you were in public and a person with a shotgun in their hands actively tried to get you to stop, would you have a "reasonable apprehension of immediately receiving a violent injury". If so, then the man in the road with a shotgun did in fact assault him by the legal definition of assault.</p><p></p><p>You want to use some definition of assault that only takes place if a person throws a punch. The legal definition includes using a gun in a threatening manner. You don't have to point the gun at the person. You don't have to shoot the gun at the person. You only have to lead a reasonable person to believe that you might use that gun to injure them.</p><p></p><p>There is a reason that there is a term fight-vs-flight. If someone threatens you with a gun is it better to run than to fight? You might get shot either way. I think that is more of an instinctual reaction than a thoughtful one. The same person will even react differently at different times. Some might fight. Some might run. Some might just have their knees buckle and fall on the ground in fear.</p><p></p><p>No matter how you take what Arbery did before, or what McMichael was doing at the time. McMichael was not out for a leisurely stroll down the road with his shotgun when Arbery launched himself out of the trees and attacked him with no provocation. McMichael from his own statements was using the shotgun to try to apprehend Arbery. That fits the legal definition of assault.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 716217, member: 2426"] Assault is defined as: By their own admission, they were trying to stop him. The man in the road had a shotgun in his hands and was trying to stop him. If you were in public and a person with a shotgun in their hands actively tried to get you to stop, would you have a "reasonable apprehension of immediately receiving a violent injury". If so, then the man in the road with a shotgun did in fact assault him by the legal definition of assault. You want to use some definition of assault that only takes place if a person throws a punch. The legal definition includes using a gun in a threatening manner. You don't have to point the gun at the person. You don't have to shoot the gun at the person. You only have to lead a reasonable person to believe that you might use that gun to injure them. There is a reason that there is a term fight-vs-flight. If someone threatens you with a gun is it better to run than to fight? You might get shot either way. I think that is more of an instinctual reaction than a thoughtful one. The same person will even react differently at different times. Some might fight. Some might run. Some might just have their knees buckle and fall on the ground in fear. No matter how you take what Arbery did before, or what McMichael was doing at the time. McMichael was not out for a leisurely stroll down the road with his shotgun when Arbery launched himself out of the trees and attacked him with no provocation. McMichael from his own statements was using the shotgun to try to apprehend Arbery. That fits the legal definition of assault. [/QUOTE]
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