Zimmerman Protest At full force

[Shootin 4 Fun]

Sole dissenting juror:



stupid laws and evidence making it hard to convict on emotion.....

We aren't arguing about the verdict. We arguing opinions.

 

[Shootin 4 Fun]

That is one creepy ass cracka.....

 

[338Shooter]

 

[Buzzgun]

Stalking is a form of assault, making your hero the aggressor. My opinion is the same, Martin was scared and defended himself and Georgie's stalking was the beginning of the confrontation.

Stalking...as in following someone....is a form of assault??

Really??

I guess we to the point of just making stuff up as we go??

 

[Shootin 4 Fun]

Stalking...as in following someone....is a form of assault??

Really??

I guess we to the point of just making stuff up as we go??

It's amazing what seemingly intelligent people don't know.

 

[Buzzgun]

I don't think simply following someone to observe their actions would ever meet the legal definition of assault, either in Florida or Oklahoma, if for no other reason than the stipulation that the action must be unlawful.

Florida Laws: FL Statutes - Title XLVI Crimes Section 784.011 Assault.

Legal Research Home > Florida Laws > Crimes > Florida Laws: FL Statutes - Title XLVI Crimes Section 784.011 Assault.


784.011 Assault.-

(1) An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 5, Feb. 10, 1832; RS 2400; GS 3226; RGS 5059; CGL 7161; s. 1, ch. 70-88; s. 729, ch 71-136; s. 17, ch. 74-383; s. 7, ch. 75-298; s. 171, ch. 91-224.

Note.-Former s. 784.02.

Sections: 784.011 784.021 784.03 784.041 784.045 784.046 784.047 784.048 784.0485 784.0487 784.05 784.062 784.07 784.071 784.074 Next

OCCA Online
Oklahoma Uniform Jury Instructions
Criminal 2nd Edition ( including 1997, 2000, 2003, 2005, 2006, 2007, 2008, 2009, 2010 and 2012 supplements )

OUJI-CR 4-26

ASSAULT AND BATTERY - ELEMENTS

No person may be convicted of assault and battery unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, willful;

Second, unlawful;

Third, use of force or violence;

Fourth, upon another person.

______________________________

Statutory Authority: 21 O.S. 1991, §§ 641, 642.

Committee Comments

Simple assault, simple battery, and simple assault and battery are misdemeanor crimes in Oklahoma. Oklahoma defines an assault in accordance with both of the common law definitions: an attempt to commit a battery, or the intentional placing of another in apprehension of receiving an immediate battery. Minnix v. State, 282 P.2d 772 (Okl. Cr. 1955); Dunbar v. State, 75 Okl. Cr. 275, 131 P.2d 116 (1942), overruled on other grounds, Parker v. State, 917 P.2d 980, 986 n.4 (Okl.Cr. 1996); Tyner v. United States, 2 Okl. Cr. 689, 103 P. 1057 (1909). See generally R. Perkins, Criminal Law 114-27 (2d ed. 1969).

Simple battery is also defined in Oklahoma in accordance with the common law concept. It is an unlawful beating, or use of wrongful physical violence or constraint upon the person of another, without that person's consent. Minnix v. State, supra. See generally R. Perkins, Criminal Law 107-13 (2d ed. 1969).

Every battery, by definition, includes an assault, although an assault can be perpetrated without a battery. The Court of Criminal Appeals has held that, when an assault culminates in a battery, the offense is assault and battery, and prosecution should be commenced for that grade of assault and battery which is reasonably supported by the State's proof of the facts. Hall v. State, 1957 OK CR 34, 309 P.2d 1096.

Specific intent is not an element of simple assault, simple battery, or simple assault and battery. Hainta v. State, 1979 OK CR 61, 596 P.2d 906; Morris v. State, 1973 OK CR 421, 515 P.2d 266.

The "force or violence" constituting a battery will generally be direct and of such a nature as to produce physical injury. However, although there is a dearth of Oklahoma cases defining the nature and degree of "force or violence" required to establish a battery, it is settled in the vast majority of jurisdictions that any unconsented, offensive touching suffices as proof of "force." See, e.g., State v. Brewer, 31 Del. 363, 114 A. 604 (1921); Smith v. State, 85 Ga. App. 215, 68 S.E.2d 719 (1952); Commonwealth v. McCan, 277 Mass. 199, 178 N.E. 633 (1931); State v. Cruikshank, 13 N.D. 337, 100 N.W. 697 (1904); Weaver v. State, 66 Tex. Crim. R. 366, 146 S.W. 927 (1912); Wood v. Commonwealth, 149 Va. 401, 140 S.E. 114 (1927); Lynch v. Commonwealth, 131 Va. 762, 109 S.E. 427 (1921).

(2000 Supp.)

 

[_CY_]

I don't think simply following someone to observe their actions would ever meet the legal definition of assault, either in Florida or Oklahoma, if for no other reason than the stipulation that the action must be unlawful.

let's say a woman is walking from her car down the sidewalk to her apartment about 7PM getting dark after an emergency run to the convenience store for Skittles and Arizona ice tea. a stranger follows her in near darkness... good thing, she's got a CCW packing heat!~

there's stalking a legal definition and stalking a common sense definition.

 

[Dukester]

It's amazing what seemingly intelligent people don't know.

The evidence being virtually every one of your posts.

 

[Buzzgun]

let's say a woman is walking from her car down the sidewalk to her apartment about 7PM getting dark after an emergency run to the convenience store for Skittles and Arizona ice tea. a stranger follows her in near darkness... good thing, she's got a CCW packing heat!~

there's stalking a legal definition and stalking a common sense definition.

And neither is assault!

 

[Shootin 4 Fun]

The evidence being virtually every one of your posts.

Aren't you witty.