[Xanthos]

Originally Posted by Banshee

The "assault" occurs when a person in proximity of the threat AND that threat caused fear. If I hear Joe will beat the crap out of Mike and I tell Mike and then goes to the police, that is hearsay. All Mike has to do is deny he said that. Same holds true for first person. Mike tells Joe he will beat his ass. Do you have an assault, or do you have "threats"? You have by definition, an assault.

How many cases have you heard this....Joe hears from Tom that Mike threatened to beat Joes ass, serves jail time.

None in my 21 year L.E. career.

Here is a legal definition.

What is assault?

Assault is a threatened or attempted physical attack against another by a person who appears to have the ability to cause bodily harm. The threat must cause apprehension or fear of immediate harm in the victim. For example, if someone is holding a knife and says, "I'm going to cut you," that's an assault. But, if the person says, "I'm going to get a knife, find you, and cut you," that threat isn't an assault because the threat is not immediate.

As in the OP, the poster heard the fathers threat through her stepfather towards the poster..the last part pretty much sums it up.... quote...But, if the person says, "I'm going to get a knife, find you, and cut you," that threat isn't an assault because the threat is not immediate.

Thats closer to what I thought it was. Thanks for the clarification.
- X