87 Cant even relax around them in Japan (twitter.com) posted 203 days ago by evilplushie 203 days ago by evilplushie +87 / -0 37 comments share 37 comments share save hide report block hide replies
The attack was battery, but probably not assault.
Assault is an act causing a reasonable person to feel a threat of violence, but if you don't see it coming there's no assault.
Being surrounded by the blacks after was assault, because being attacked already he had a reasonable expectation of more violence.
People mix up assault and battery so often that a lot of jurisdictions have just merged the two.
I don't know if that's funny or sad.
To be fair, "assault" in standard usage - as opposed to legal - is often a physical attack. That's all I meant, and probably all the comment I was responding to meant.
In common usage this is absolutely an assault.