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Setting The Record Straight On Assault

 

Labor Day is almost upon us and what comes afterward is what millions of Americans have been waiting for all year: football season.

And since the end of the previous season, America’s professional football players have taken a much-needed respite to mend their physical fatigue. One Vegas vacation however, didn’t end as planned.

As reported by CBS Sports, a night at Electric Daisy Carnival 2019 resulted in an altercation between Cowboys player Ezekiel Elliot, and a security guard at the electronic dance music festival.

According to video footage, after having a conversation with a woman being identified as Elliot’s girlfriend, a member of event security challenged Elliot, then a situation developed where the security guard fell backward through a metal guard rail. After witness interviews were conducted, Las Vegas Metro determined that Elliot didn’t create the fall.

While the alleged victim threatened to press charges if he did not receive an apology, news eventually reached CBS Sports that Elliot won’t be charged.

Though what brought this result hasn’t come to light just yet, one should know the specifics regarding battery and assault. Most people think the act of hitting someone is assault, but it has nothing to do with any physical contact.

Assault is the act of putting someone in reasonable apprehension of immediate bodily harm. Such actions can include holding a knife near a person’s throat or pointing a loaded taser gun at someone. The victim must be aware of the assault, so it’s technically impossible to assault someone while they’re sleeping. In more common terms, an assault is a feasible threat of harm.

Now say that an individual cuts someone’s throat or stabs them while their sleeping. Then that assault becomes a “battery.” A type of physical contact meant to harm: including punching, stabbing, biting, shooting someone with a laser gun, and just about any physical harm you can think of.

This can include “indirect” forms of harm like poisoning; even though an assailant didn’t forcibly make the victim ingest it by physically apprehending them, the damage itself is still physical and therefore qualifies as a battery.

But while most batteries and assaults carry penalties, the exception is self-defense.

Nevada law and the laws of most states permit citizens to defend themselves in in the face of danger, but only if the force one uses is reasonable relative to the circumstances.

Basically, fight fists with fists and fire with fire, but don’t bring a gun to a knife fight.

Through legislation, amendments have been made in several states that slightly blur the lines between what is considered reasonable and when, so know that what is acceptable will vary from state to state.