"Motorhead Lawyer" > wrote in message
oups.com...
>
> jaybird wrote:
>>
>> Perhaps... but not an assault. Standing in front of a car yelling
> might
>> scare someone, but does not show sufficient intent to commit assault.
>
> I think there are a couple of concepts that are unclear here.
>
> First, assault as I know it is not a *specific intent* crime as you're
> attempting to define it here. It is enough that one intend to act in
> the way one did, not that one intended to frighten or harm anyone. I
> doubt TX law is any different or you'd *never* manage to make any
> simple 'bad conduct' charges stick.

Ok, rather than sum it up with the word "intent", I'll specify a little more
by saying the offense has to occur "intentionally, knowingly, or
recklessly". I've never heard of a specific charge called "bad conduct"
though. Could you be a little more specific? This case may fall under a
different law, but definitely not Assault.

>
> Second, the apprehension of fear is sometimes defined by the
> *recipient* of the threat (as in defining some kinds of sexual
> harassment), not the 'reasonable person' standard. That *may* depend
> on the state's statute. IOW, if the person being yelled at is
> *actually* in fear as a result, it may not matter what else happens nor
> whether you or anyone else *might* be placed in fear. It matters
> *whether* actual fear was induced.

You would have to specifically apply the situation to the state law of
jurisdiction. While not enough for Assault here, it could possibly be
something more along the lines of Disorderly Conduct or similar.

>
> Now, I know a short, overweight, balding 50-ish lawyer isn't going to
> frighten *you* much, but I daresay that there *are* some physical types
> that have raised your hackles in the past, even through a closed car
> window. It sounds like that happened here. There was a frightening
> character standing there yelling and the driver got away as quickly as
> possible as a result of his *fear*. Under those circumstances, a
> citation should be issued regardless of your subjective judgment of
> whether a conviction can be obtained. That's not *your job*; it's the
> prosecutor's.

Just out of curiosity, do you practice criminal law, or civil? That's not
exactly how *my job* would be done.

--
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jaybird
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I am not the cause of your problems.
My actions are the result of your actions.
Your life is not my fault.