Assault questions

[Orleander]

My brother bit a lot as a toddler. I punched him with a tooth imprinted hand a lot when he was a toddler. At what age does it quit being 'siblings fighting' and become 'assault'?
When does the relationship no longer matter, such as 2 brothers fighting vs 2 neighbor kids fighting?

[oscarmitre]

Orleander - aside from DC's erudite explanation you might also consider if there is a limitation of time statute in your jurisdiction for assault. If there is you could well be out of the woods.

[mcsap]

We would look at the age, the injuries and the parents ability ( or inability) to handle the problem. If an arrest would be made , assuming their isn't a huge age difference, we would very likely accespt counseling in lieu of fines etc.

[rdp]

NV has a minimum age where a crime can be committed. There are a couple of exceptions to this though.

Assault here is an unlawful attempt to commit a battery....just a lil' different!

[oscarmitre]

NV has a minimum age where a crime can be committed. There are a couple of exceptions to this though.

Assault here is an unlawful attempt to commit a battery....just a lil' different!

Sounds like Nevada is following the common law definition. It is is the same in my jurisdiction - at the Academy I was taught that "assault" was an "offer or threat to deliver direct force". I think the wording was taken from Blackstone's Commentaries. It doesn't matter if there is no contact just so long as there was an apprehension that force was about to be immediately and intentionally applied. If the person is actually battered it is still considered an assault.

The difference between "assault" and "battery" here is reflected in the civil law for the purposes of establishing the quantum of damages. They are both torts. They are actionable as a "trespass against the person".

[Oldbillplod]

In the UK the age of criminal responsibility is 10

[Group9]

I could make an arrest every night on my two and four year old.

[greg6099]

Oldbillplod. I say Old Bean.

We colonials also have criminal responsibility commencing at ten years of age.

Someone must have stolen a Criminal Code from you chaps when you were deporting my ancestors for stealing a loaf of bread a couple of centuries ago.

Pip Pip Tally Ho.

[Orleander]

So if you come across a 10 yr old girl hitting her 8 yr old sister, what happens?

[Scruit]

Maybe it would depend on if the parents want criminal action. If not, and the parent is capable of disciplining the girl herself then I would not arrest. If any weapons involved, like a knife, then it would be more complex.

Greg - I don't know if you were trying to be insulting but that's how it came across.

[oscarmitre]

Oldbillplod. I say Old Bean.

We colonials also have criminal responsibility commencing at ten years of age.

Someone must have stolen a Criminal Code from you chaps when you were deporting my ancestors for stealing a loaf of bread a couple of centuries ago.

Pip Pip Tally Ho.

Greg I checked out your ancestors appearance at the Old Bailey at http://www.oldbaileyonline.org/

They definitely weren't sent down just for a loaf of bread :D

[ngcsubutterbar]

mental capacity, do they know what they are doing is wrong.

[mcsap]

If I come across a 10 yr old hitting her 8 yr old sister ?? Come on what are we babysitters ? Unless she is seriously attacking the kid, just tell her to knock it off. My brothers and I fought, kicked , hit etc. It is what kids do. 98% of the time it is a sibling/friendly rivalry type of issue. If it starts to look bad, grab both and call the parents. I am not arresting a 10 yr old for punching an 8 yr old.

[greenlead]

me and my brothers still fight. And we're all in our late teens/early twenties.

10 Y.O. v 8 Y.O.? Give me a break. Even the presence of a police officer will scar them for the rest of their lives, let alone telling them to break it up. Stern warning and the situation is resolved!

[greg6099]

Scruit. Not insulting. If Oldbillplod isn't chuckling away over a cup of tea and biscuits I would be most surprised. After all, they did just beat us at cricket the other day....

Queenssland Criminal Code.

Section 29 Immature age
(1) A person under the age of 10 years is not criminally responsible for
any act or omission.
(2) A person under the age of 14 years is not criminally responsible for
an act or omission, unless it is proved that at the time of doing the act or
making the omission the person had capacity to know that the person ought
not to do the act or make the omission.

Can't touch em...