At what point does vandalism become a threat?
Asked by
flo (
13313)
April 25th, 2012
For example, if person A punches a wall while in an arguement with person B, (instead of saying “I will punch you out next time”) or vandalizes the person’s property, what is that? Is there a special term for it?I know it is vandalism when it is being committed by a random stranger. Isn’t there a distinction?
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17 Answers
Ever heard of assault and battery? Assault is the threat to strike someone. battery is following through with the threat.
“I know it is vandalism when it is being committed by a random stranger, and when it is committed in cold blood.”
@john65pennington but nobody touched anyone.
Assault is a separate charge, when battery has not occured.
Okay @john65pennington, I read the definition while you were composing. I always thought that “assault” was physical. Thanks
Punching the wall could be considered assault depending on the circumstances. It also could be vandalism or intentional destruction of property.
That is often why there are several charges leveled at a suspect when they are arrested. The jury has the final say on what the actual charges if any should be.
Vandalism is creating damage to another person’s property, whether the property is owned by Person B or not. Person A’s anger level has nothing to do with it.
@WestRiverrat what are the circumastances?
@Pied_Pfeffer right, but when you add the level of anger to it I thought it would increases the charge, and it does.
@flo each case is looked at seperately and the prosecutor usually decides what the charges are going to be going into trial. The jury then hears the evidence and determines which crime(s) if any actually occurred.
What do they call throwing molotov cocktail into someone’s office?
@WestRiverrat I’ll let you elaborate by the way. Under what circumstance would it not be assault?
When the writing comes off the wall and starts attacking you.
And what is “aggravated assault”? I thought is was when someone aggravated you until you finally assaulted them!
Aggravated is the really serious form of battery, like a sever pistol whipping VS a shove
This is what I mean: If someone doesn’t say anything that falls under the catagory of “uttering a threat”, but is verbally assualting a person while puching the wall to a point of damaging it, what are the possible charges? “This is what I will do to you if you don’t…” looks like a threat even without the actual words.
You probably can’t make an implied threat stick, but destruction of personal property sounds right.
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