An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law.

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Posted by sealawyer

Coonassganistan

Member since Nov 2012

3138 posts

Posted on 1/7/18 at 2:25 am to dbuchanon

quote:
Common law

So, pro tip, at the very bare minimum, when you quote stuff about Louisiana law, avoid this phrase.

Louisiana doesn’t have Common Law.

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Posted by sealawyer

Coonassganistan

Member since Nov 2012

3138 posts

Posted on 1/7/18 at 2:26 am to dbuchanon

quote:
threat of bodily harm coupled with an apparent, present ability to cause the harm.

You might want to look up “implied threat,” because the present ability is there, and if he was trying to intimidate the kid, the implication was there.

Louisiana doesn’t have “brandishing” laws, so people often get charged with other firearm crimes when they do exactly what the BiL did.

This post was edited on 1/7/18 at 2:28 am

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Posted by Breesus

House of the Rising Sun

Member since Jan 2010

67023 posts

Posted on 1/7/18 at 5:56 am to dbuchanon

quote:
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm.

Yeah. I think you just proved your earlier post wrong.

A full grown man threatening a teenager while flashing a gun pretty clearly fits this definition

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Posted by chalmetteowl

Chalmette

Member since Jan 2008

48207 posts

Posted on 1/7/18 at 8:26 am to dbuchanon

quote:
with an apparent, present ability to cause the harm

so they have to prove the gun was loaded????

We don't have the whole story here... Is the BF a kid he did not want his daughter seeing? Were they doing anything inappropriate?

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