NetQuarterLatte t1_jai18cy wrote
Reply to comment by Rottimer in Pols target NYC’s violent, repeat shoplifters with bill to protect retailer workers just like cops, firefighters by NYY657545
>You lose your temper and slap the person in the face. That’s Assault.
The "slap" needs to result into an injury, otherwise it's not assault.
Like if the victim is slapped near the subway platform edge, then fall over as a result, and fractures a leg during the fall, then that could be potentially considered a misdemeanor assault.
Rottimer t1_jai59sz wrote
Physical Injury is defined by the state as “impairment of physical condition or substantial pain.” A slap to the face meets the criteria if you say it caused you substantial pain.
NetQuarterLatte t1_jai8q8g wrote
>A slap to the face meets the criteria if you say it caused you substantial pain.
Not in the NY case law. People v. Chiddick, 8 NY3d 445 (2007):
>"petty slaps, shoves, kicks and the like delivered out of hostility, meanness and similar motives" constitute only harassment and not assault
There needs to be a clear intent on the defendant to inflict significant pain, otherwise it won't be an assault ("Motive is relevant because an offender more interested in displaying hostility than in inflicting pain will often not inflict much of it.")
So say, if a victim is retrained physically (can't run away), while the attacker slaps the victim repeatedly with the intent of causing pain, sure, that could probably be a misdemeanor assault.
For simple slaps to rise to the level of assault, I don't see that merely happening in the heat of a moment. Anyone who actually intents to cause pain could just as easily close a fist and throw a punch instead of a slap.
Maybe borderline, a "double ear clap" could arguably be assault, but that's not a regular slap.
Rottimer t1_jaibrm3 wrote
Except we have examples of people being charged by the DA’s office with felony assault for shoves.
https://amp.cnn.com/cnn/2023/01/17/us/new-york-anti-asian-attack/index.html
How that shakes out in court might be different. But clearly a shove with intent has cause a charge of assault.
NetQuarterLatte t1_jaifmvj wrote
That will probably depend on the specifics on the case. If the woman was injured when she was pushed to the ground (and for example could not perform her work properly for a week), that can be a problem for the defendant and be a misdemeanor assault.
>pushed a 56-year-old woman to the ground on New Year’s Eve in Manhattan
But if we are being realistic here, they are only prosecuting this because of the hate crime component.
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