They need to learn the difference between ASSAULT and BATTERY
ASSAULT is what the ‘protester’ did when he showed the people both his IQ indicators.
BATTERY is what happened when the 78-year old man slugged him for it.
A defense for battery is if you are assaulted. The officers were right in their discretion not to arrest him. They should appeal.
He was not in handcuffs at the time, and he stuck his middle finger in the face of the old man and the crowd. Getting slugged for it is a natural response- I would not convict him.
Someone shooting a bird at a crowd is not a defense for battery by an individual against that person. Not sure where you got that piece of wisdom.
I wanted to slug him too. LOL!
There used to be such a thing as “fighting words” and “fighting gestures” that would legally justify hitting someone that cursed you, or flipped you off, insulted your family. It is not politically correct to fist fight any more so most have forgotten but that man was old enough to remember when it was justified to punch people for things like that.
So, is his IQ 2, 3, 17 or 11?
Thanks for the clarification of how ASSAULT and BATTERY should be viewed.
Assault, as I understand it, is menacing, threatening, etc, with no physical contact. Battery is physical contact, even if it is only a light touch, is the definition I’m remembering.
I had not known that battery can be used as a legal defense for assault. But it certainly makes sense that that would be the case.