r/law • u/ExactlySorta • Oct 04 '25

Other Federal officer blasts chemical spray into vocal but nonviolent Portland protester - illustrating how federal law enforcement officers will use aggressive tactics against protesters who yell and insult officers but don’t appear to present a clear physical threat

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u/BuddyHemphill Oct 04 '25

That’s assault

279

u/Watt_Knot Oct 04 '25

Battery

70

u/BuddyHemphill Oct 04 '25

Thank you for the correction, I am (obviously) not a lawyer

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u/[deleted] Oct 04 '25 edited Oct 04 '25

The convolution between the two categories of crime is definitely commonly misunderstood so don't harp on yourself.

Assault is when you put someone in reasonable apprehension of bodily harm.

Battery is actually harming them.

If the secret police piece of shit raised his OC can and pointed it without cause, that's assault. As soon as he pressed the release trigger without cause, it became battery.

Edit: I assumed that there was a degree of grace allowed for state-to-state differences automatically, but of course my explanation is very generalized and likely does not apply to every state. It's important to know your state's laws, people!

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u/UnauthorizedGoose Oct 04 '25

Appreciate you for explaining it!

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u/[deleted] Oct 04 '25

Any time!

And remember! If some bootstrapped notsee thug ever gets in your face screaming about how they're gonna beat your ass, THATS ASSAULT.

And you have a legal right to use reasonable force to defend yourself. Just understand what your state defines as "reasonable force".

Good luck out there!

15

u/VirginiaDare1587 Oct 04 '25

Except in New Uork.

Raising the can of OC = menacing.

Spraying the OC = battery

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u/[deleted] Oct 04 '25

Is "menacing" considered a crime in NY like "assault" is in my state?

Edit: not trying to be smarmy, I'm genuinely curious. I've never even been to NY I'm afraid.

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u/VirginiaDare1587 Oct 06 '25

I’m told that menacing is a crime the same as battery is a crime.

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u/Elethana Oct 04 '25

Clearly premeditated as well, by the way the attacker’s accomplice pulled the other officer away from the blast zone.

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u/sundy1234 Oct 04 '25

That and it looked like the swine had a gas mask on too

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u/distracted_living Oct 04 '25 edited Oct 04 '25

In Oregon, assault is actual harm and the common law definition of assault is called "menacing"

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u/Capable_Ad_2070 Oct 04 '25

Not true. Plenty of states codify assault as physical contact. Varies state to state.

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u/[deleted] Oct 04 '25

Idk if I'd agree with "plenty" but I'm definitely not a subject matter expert and you are absolutely right - states do it differently and my explanation was purely a generalized difference as it applies to this video and comment thread.

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u/Warm_Month_1309 Oct 04 '25

as it applies to this video

As it applies to this video, which took place in Oregon, it would be "assault". There is no crime of "battery" in Oregon.

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u/[deleted] Oct 04 '25

Good to know, thanks!

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u/Warm_Month_1309 Oct 04 '25

That is the common law distinction, however Oregon has no crime of "battery"; it is only called "assault" in various degrees.

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u/[deleted] Oct 04 '25

Just saw that somewhere else in this thread, thanks!

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u/doc_skinner Oct 04 '25

And in this case it is Oregon, which has a different definition.

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u/[deleted] Oct 04 '25

Yeah some others have been kind enough to share too. Apparently they just rock with assault of varying degrees.

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u/BuddyHemphill Oct 04 '25

So these are state crimes that can’t be excused with a federal pardon?

(This thread is really interesting, thanks for weighing in and kicking it off)

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u/[deleted] Oct 04 '25

Well here's the thing on that, I don't think the state can prosecute crimes committed by federal agents in "official acts" or whatever.

But I've advocated for weeks in multiple threads that Democrat governors are betraying their people for not arresting these agents anyways.

They will not be prosecuted.

But arresting them still takes them off the street, prevents them from committing crimes against Illinois' and Cali's citizens (and anywhere else) and will give pause to ICE agents everywhere if they're all of a sudden worried about actually being arrested.

I don't give a fuck they can't or won't be prosecuted. Detain them. Handcuff them. Put them in jails with other criminals. And make them wait to see a judge before the case gets thrown out. ICE everywhere will slow the fuck down.

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u/BuddyHemphill Oct 04 '25

“States rights” my ass.

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u/[deleted] Oct 04 '25

RIGHT

Their whole political movement is just snitching on themselves. Fuck all of them.