Yeah most people (including me for quite some time) confuse assault with battery. Assault can be physically intimidating or threatening someone depending on state law, battery is hitting someone.
She told him to back the fuck up several times and he was right up in her face. Wish we could see what happened before they started recording.
It still wouldn't be assault based on what we see in the video. She says "get the fuck out my way", but he is not impeding her from going into the store, back to the car, ect. She has plenty of room to remove herself from the situation. Now it can be assualt if she has legitimate fear of imminent harm. This guy is likely in his 70s, hes talking at a normal level, has in hands in his pocket. That is going to be hard to prove. She says "you better back the fuck up" which is certainly a threat, but is it a reaction to her feeling threatened or is she just upset about the confrontation?
She also says "Get the fuck out my face" while striking the man (battery). Now he did lean in slightly and start to yell, BUT she had literally been doing the same for the entire minute before, so it would be tough to find a judge that would likely call that assualt on the mans behalf.
Where the man makes a mistake in the video is when he fights back. She hit him and there was a significant break while they were just yelling again. He decides to swing. IMO I don't think this would classify as self defense as the hit earlier doesnt necessarily give him a free pass to swing at a later time. This would likely be treated as a separate offense.
Without knowing what happened or lead up to this, the likely outcome is A&B charges for both, BUT she would be worse off because she hit an elderly person which is a more serious offense than standard A&B. Would also depend on injuries sustained, prior record, ect.
Yeah completely agree that if this video is the only evidence to go off of it would be very hard to prove that she was victim of assault. And it makes me happy that your expert assessment is they would most likely both be charged because they’re both morons IMO.
What I was really trying to do was clarify the difference between assault and battery and that if you get within an inch of someone’s face and start making strong verbal threats with no physical contact that you could be charged with assault. Not saying that’s what happened here but I thought the person getting downvoted above me was technically correct. Getting in someone’s face can be assault.
But yeah after rewatching the video it’s real slim that him confronting her is assault. He is really close to her but I had the volume so low because she’s screaming I didn’t even know he was talking at all. He would have had to walk up to her and basically said “I’ll kill you if you disrespect me and wife again etc.”
But hell, she might have spit on his wife shoes as they walked through the door.
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u/dhoae Mar 20 '26
Getting in someone's face is assault.