Do I Have A Claim If A Person Waives A Bat Or Knife At Me In A Threatening Manner?

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Do I Have A Claim If A Person Waives A Bat Or Knife At Me In A Threatening Manner?

You may have a claim for “assault” which does not require any contact. Unlike battery, an assault requires no actual contact with another person. Instead, an assault occurs when the defendant intentionally causes an immediate awareness of an imminent attack on the plaintiff. Generally, there must be an awareness or recognition of the threat, but not necessarily fear. Even a brave or very strong person who feels no fear may be the victim of an assault, just as long as they were aware of the threat.

Other Assault and Battery FAQs

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