Maybe this will put it to rest. Depending on the state, assault and battery may have it's own meaning or be grouped as assault. Battery is non-consensual contact.
To be completely applicable, this comes from "The Law Of Illinois" where NightWalkerGStudy resides and works. Whether it fits ones personal definition or not doesn't matter
. The court would decide the outcome fought by lawyers and ruled accordingly.
What is Assault in Illinois?
Assault – 720 ILCS 5/12-1 (effective 2011) The crime of assault, pursuant to Illinois statute, occurs when a person engages in conduct that places another person in a reasonable apprehension of fear
. Illinois law does not require you to have physically harmed someone to be charged with the crime of assault Aurora, IL. Someone can be charged with assault for engaging in conduct such as raising a hand or fist to another or pointing a weapon or dangerous object at someone in a threatening manner.
What is the Penalty for Assault in Illinois?
Pursuant to Illinois law, simple assault is a Class C misdemeanor. If you are charged with assault, the possible punishment can range from no jail time to a maximum of 30 days, a fine not to exceed $1,500.00, or both jail time and a fine, plus the court must impose, on anyone convicted of assault in Illinois, a minimum of 30 community service hours but the maximum number of community service hours which the court can impose is 120.
There you have it. The driver could have been charged with assault and possibly battery. Those willing to argue the act not fitting a charge of assault could or would find themselves liable to a criminal charge "by the law" in the state of Illinois. As to the outcome if fought in court, no one can say but by definition it could rule against the truck driver. A good lawyer might have it ruled with reduced charges.
This comes courtesy from the following page:
A note to NightWalkerGStudy - You're non-reacting response was merit-able and mature. Thank you for being upstanding in the situation.
Edited by EVP, 14 June 2019 - 03:04 AM.