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Ahmaud Arbery murder case
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<blockquote data-quote="RonJohn" data-source="post: 716308" data-attributes="member: 2426"><p>Aggrevated Assault: McMichael doesn't have to "use guns offensively against Arbery". Using the definitions, Simple Assault is "(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.". As you said McMichael didn't have to actually touch Arbery in order to commit assault. Simply putting Arbery in a situation in which he has a reasonable fear that McMichael might injure him is enough. To get the aggravated assault, you commit assault "(2) With a deadly weapon "..... It doesn't say that you have to use the weapon offensively, only that the weapon has the ability to create serious bodily injury IF it is used offensively. Using such a weapon to commit simple assault, which as you stated doesn't require physical touching, is aggravated assault.</p><p></p><p>Holding a gun in your hand and yelling at someone to stop will likely cause that person to fear that you are going to injure them if they don't obey your commands. Going just by your words, that is assault. Even by your reasoning, McMichael assaulted Arbery.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 716308, member: 2426"] Aggrevated Assault: McMichael doesn't have to "use guns offensively against Arbery". Using the definitions, Simple Assault is "(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.". As you said McMichael didn't have to actually touch Arbery in order to commit assault. Simply putting Arbery in a situation in which he has a reasonable fear that McMichael might injure him is enough. To get the aggravated assault, you commit assault "(2) With a deadly weapon "..... It doesn't say that you have to use the weapon offensively, only that the weapon has the ability to create serious bodily injury IF it is used offensively. Using such a weapon to commit simple assault, which as you stated doesn't require physical touching, is aggravated assault. Holding a gun in your hand and yelling at someone to stop will likely cause that person to fear that you are going to injure them if they don't obey your commands. Going just by your words, that is assault. Even by your reasoning, McMichael assaulted Arbery. [/QUOTE]
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