View Poll Results: Is following someone an aggressive act?

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  • Yes.

    27 61.36%
  • No.

    17 38.64%
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Thread: Following someone.

  1. #301
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    Re: Following someone.

    Quote Originally Posted by Tucker Case View Post
    It can be intimidating, but not always. The circumstances do matter.

    That's just absurd.....
    following someone is in fact, considered assault.

    do it with a deadly weapon...and what would YOU call it?

    the fact is, following someone can indeed be considered an intimidating & threatening act.

    and in many states, simply following someone is considered assault.

  2. #302
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    Re: Following someone.

    Quote Originally Posted by Thunder View Post
    following someone is in fact, considered assault.
    Can you provide some evidence of this?

    do it with a deadly weapon...and what would YOU call it?
    Are they using the deadly weapon to follow them? Assuming your first statement isn't made up, if the following itself is the assault, then the firearm becomes irrelevant because the assault is occurring without the assistance of a weapon.
    Last edited by Tucker Case; 05-14-12 at 11:40 AM.
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  3. #303
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    Re: Following someone.

    Quote Originally Posted by Tucker Case View Post
    Can you provide some evidence of this?
    assault legal definition of assault. assault synonyms by the Free Online Law Dictionary.

    Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim.

    The act required for an assault must be overt. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim.

    Intent is an essential element of assault. In tort law, it can be specific intent—if the assailant intends to cause the apprehension of harmful or offensive contact in the victim—or general intent—if he or she intends to do the act that causes such apprehension. In addition, the intent element is satisfied if it is substantially certain, to a reasonable person, that the act will cause the result

  4. #304
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    Re: Following someone.

    Quote Originally Posted by Thunder View Post
    Intent is an essential element of assault. In tort law, it can be specific intent—if the assailant intends to cause the apprehension of harmful or offensive contact in the victim—or general intent—if he or she intends to do the act that causes such apprehension. In addition, the intent element is satisfied if it is substantially certain, to a reasonable person, that the act will cause the result
    That's the important bit: Intent.

    Intent matters with legal issues, but it doesn't matter with an act being aggressive or intimidating.

    Following someone without intent to harm is not a crime, and it's not assault.

    It can be aggressive and intimidating without intent, though.
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  5. #305
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    Re: Following someone.

    Quote Originally Posted by Thunder View Post
    assault legal definition of assault. assault synonyms by the Free Online Law Dictionary.

    Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim.

    The act required for an assault must be overt. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim.

    Intent is an essential element of assault. In tort law, it can be specific intent—if the assailant intends to cause the apprehension of harmful or offensive contact in the victim—or general intent—if he or she intends to do the act that causes such apprehension. In addition, the intent element is satisfied if it is substantially certain, to a reasonable person, that the act will cause the result
    Following someone is not an overt act, neither is following someone while possessing a firearm. Overt acts are those which leave little doubt as to the intent, this is usually grabbing, hand gestures and language suggesting imminent violence, putting hands on the body of someone, etc. Following someone does not signify intent to harm.

    This applies similarly to assault with a deadly weapon. If my firearm is at my side it is not an immenent threat to you......but if it's pointed at your body, it's a different story. This is pretty much the same standard for any held or bared weapon. Further, if I grab a bottle and throw it at you the AWDW charge would apply.

    Following someone contains none of the above elements.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

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    Re: Following someone.

    Quote Originally Posted by LaMidRighter View Post
    Following someone is not an overt act, neither is following someone while possessing a firearm....
    following someone in a car and on foot, can very much intimidate a rational & intelligent person.

    and if that person spots a gun, that person can reasonably fear for his life.

  7. #307
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    Re: Following someone.

    Quote Originally Posted by Thunder View Post
    following someone in a car and on foot, can very much intimidate a rational & intelligent person.

    and if that person spots a gun, that person can reasonably fear for his life.
    Absolutely. But that doesn't make it assault with a deadly weapon.
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  8. #308
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    Re: Following someone.

    Quote Originally Posted by Thunder View Post
    following someone in a car and on foot, can very much intimidate a rational & intelligent person.
    Uh, no. Following someone in a car is following someone in a car, following someone on foot is following someone on foot. Whether the following intimidates the person or not is not grounds for an assault charge. Now, if the driving of the car is done so in a way that would signify that the person on foot is in danger that is different, which can be either assault with a deadly weapon or attempted vehicular homicide dependent upon how the aggression is handled. Following someone on foot may "intimidate" them but there is no clear intent of harm in either scenario of any engagement of violence. However actions that come from the following which are more clear in intent are where assault occurs legally.

    and if that person spots a gun, that person can reasonably fear for his life.
    Nope. This is completely false, I have seen plenty of "bulges" from the side and back signifying a carrier, and I have seen enough people "side holstered" who have been absolutely no threat to me whatsoever. It is completely irrational to be afraid of a holstered gun, and it isn't assault with a deadly weapon. The time that assault with a deadly weapon is when you reasonably have fear of bodily harm, this could be a weapon pointed at you, or a stance with a weaponized object like a frying pan, baseball bat, car, etc. and this boils down to what signals you are picking up like an attack stance, hands upon your person, violent language declaring intent, or as simple as the person taking a swing at you. Assault is a condition where you have little doubt that person is willing to cause you harm. Battery is when they actually engage in committing that harm, aggravated being an increased harm usually causing bodily damage and hospitalization and second degree usually aggravated plus a weapon.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

  9. #309
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    Re: Following someone.

    Quote Originally Posted by LaMidRighter View Post
    Uh, no. Following someone in a car is following someone in a car, following someone on foot is following someone on foot. Whether the following intimidates the person or not is not grounds for an assault charge.....
    but it is grounds for a SYG defense.

  10. #310
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    Re: Following someone.

    Quote Originally Posted by Thunder View Post
    but it is ground for a SYG defense.
    Potentially, yes. It's an affirmative defense, so you'd have to convince the jury that it was grounds for a SYG action.
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