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  1. #23
    Nemo Me Impune Lacesset gratewhitehuntr's Avatar
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    I can finally add something useful to this thread.

    insults may hurt, but aren't unlawful
    threats may not hurt, but are unlawful

    As I have seen the law applied the fighting words, aka "Verbal Assault"
    requires a realistic expectation that the threat may be carried out, and the proximity must be such as to allow it.

    A simple example would be some teens I had charged with verbal assault for a prank in the supermarket.
    I had dealt with them at work and I'm sure they weren't happy with being evicted.
    One day in the store I hear " There he is GET HIM !!!" and turn to see 3 teens rushing at me. I dropped an armful of stuff and was going for my gun when they turned and hauled ass laughing. Little snots thought it was funny.
    Scared the living **** out of me though and I was mad as hell.

    I exited the store after them and called the police while following them on their bicycles.
    The police finally showed and were pretty ****ed off about the call.
    Didn't seem to think I had a leg to stand on.
    But I persisted and demanded to speak to a supervisor, then explained to the Sgt. that two had violent records (of which I had previous knowledge) and that the threat had produced in me a reasonable fear that I was about to experience great bodily harm.

    I managed to press charges against two (the ones I knew) for verbal assault.

    What did it gain me?
    I knew that those two were on probation and the new charge equaled VOP and made their lives suck a little harder.

    I'm not a lawyer, but I can give real world examples of how I've seen the law applied.
    My point was to give an example of an application of these laws and in what context.
    You are right about context Poi.

    EDIT
    and no I didn't post this just to talk about carrying a gun but it was a factor in the story and needed to be included
    I would rather have left it out, and I'm sure someone will be along shortly to accuse me of trying to murder little kiddies.

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    Oglethorpe (06-23-2009), smokelaw1 (06-23-2009)

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