Legal Question in Civil Litigation in California

assault without body contact or harm

an assault action has been filed on my daugher by a neighbor and she has to appear in court on1/17/07.

After the neighbor arguing with her and telling her she was going to beat my granddaugher, my daughter three and glas of soda at her, no bodily contact or injury


Asked on 1/08/08, 4:26 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: assault without body contact or harm

She needs an attorney to defend her. Tell him the story, and he can use whatever facts and evidence there is. Feel free to contact me if serious about getting the legal help she'll need, if the case is in SoCal courts.

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Answered on 1/08/08, 4:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: assault without body contact or harm

Sorry, but what you describe is at least an assault and quite possibly a battery. The definition of assault includes only reasonable fear of unwanted contact; it does not require actual contact. Actual contact converts an assault into a battery, but it need not be direct body-to-body contact. Throwing something -- even a liquid -- is enough if it hits the other person.

It doesn't sound like this case is likely to result in a large award of damages, but it does sound as if your daughter deserves to lose. She should think seriously about hiring a lawyer, especially if this seems likely to become part of a larger dispute.

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Answered on 1/08/08, 4:44 pm


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