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- Aug 27, 2014
all these legal explanations to defend the fear of fighting?Pulling a gun out on someone isn't attempted murder. The common misconstrued definition of "Attempted murder" is legally considered assault. Getting into a physical altercation with someone is battery.the attempted murder rate + murder rate is not equal to or greater than the assault rate....
The legal definition of assault is
"Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. No intent to cause physical injury needs to exist, and no physical injury needs to result."
For example, if person A pulls a gun out on person B, in an attempt to back him down/shake him up, but doesn't shoot, that's considered as assault. Even if he does shoot him but doesn't kill him, that's considered assault + battery (physical act that results in harmful or offensive contact with another's person without that person's consent.)
It's not attempted murder until the judge can prove that the man shot him with intention to kill him. If he shot him in the arm or leg on purpose, that's not attempted murder, that's assault and battery. Assault for when he pulled the gun out, and battery for when he shot him.
NY lookin soft b
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