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Hmmm....I guess my class up here on tort law was a bit more generic than specifying for TX. That is where I learned the A&B distinctions....

Sorry for the mis-information on my part.

BobCat wrote: Does Bubba's threat to kill me constitute "assault" or some other specific legal offense?

Nope - unfortunately not. The law does not hold into account words only. If "bubba" is charging towards you, and he is huge and punches through a door to get to you, then that is assualt. Once he has physically touched you it is assualt AND battery.

The threat of imminent bodily physical harm is assault. Harming of the body is battery, does that make sense?

Another example...if you are walking down the street and don't see the attack coming, but get blindsided and knocked straight out, then that is ONLY battery, since there was never a "threat" of bodily harm.

As far as another legal issue, it may fall into another category for an illegal action, but it does not justify a use of force (as far as I can tell).

Good question!


-nick

This was covered in depth in my clause with the example you used.

I walked away with a good understanding of the law for how long I was there (I think).

Good post.

-nick