Landlord Question (He's a crazy one)

[ImShakn]

Civil assault and criminal assault both require more than words!!! The person being assaulted must be in "reasonable apprehension" of imminent contact, either harmful or offensive. Thus words alone do NOT equal Assault.

Please post any statute that indicates a person can be charged with assault where there is no movement that would culminate in apprehension of imminent contact.

Please post a link to this "cursing abuse" statute.

Additionally, assault does not require damages, so your "time and money" scenario is absurb.

What do you do for a living?

VA law makes reference to simple assault, assault, and battery however I could not locate the legal definitions of those terms. I was able to locate the statute that refers to "curse or abuse". It is a crime against the person but I don't see how it could be construed as assault.

If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor.

It is used...a friend was convicted of this a few years ago and fined $50 + court costs. He called his neighbor a commonly used term for female genitalia.

 

[FordSVTFan]

Va. section 18.2-416 prohibits cursing or using ``violent abusive language'' to another person ``under circumstances reasonably calculated to provoke a breach of the peace.''

Class 3 - Misdemeanor

Which has nothing to do with assault. This falls under the exception to the freedom of speech rights under the First Amendment, for fighting words that are reasonably intended to cause imminent lawlessness/criminal activity.

And as for the time and money. If you look at time taken away from work (Time and Money). Lawyer fees if deemed necessary. Court cost. All are a form of time and money.

Yes they are all forms of time and money, but that doesnt matter as damages are not required to be proven for either civil or criminal assault. Additionally, unless you lost time from work directly caused by an assault (which does not include going to court or preparing to go to court), you can not recover those costs nor your lawyers fees.

And to sit there and say that there is no form of Verbal Assault is just stupid. Some districts are starting to classify verbal attacks as form of assault. Im not arguing about your level of legal knowledge. Im just stating that every state and district are completely different and laws and legal advice need to be given from a local lawyer or police personel. So to call someone out and tell them to stop giving legal advice because they are wrong is wrong in itself.

Wow, you really do NOT understand the law. There are certain basic principles of our legal system. One of them is that civil and criminal assault requires more than words. There must be a reasonable apprehension of imminent contact.

Whether you choose to use the State Code or the Model Penal Code, the outcome is the same, words alone without the apprehension of imminent contact will not constitute assault.

The only "stupid" thing here is that you are making illogical and unsupported statements regarding Assault. You are using a non-legal definition to describe a legal term.

Once again, what do you do for a living and where does your legal training come from?

 

[FordSVTFan]

It is used...a friend was convicted of this a few years ago and fined $50 + court costs. He called his neighbor a commonly used term for female genitalia.

If your friend was convicted under this statute, he either didnt have an attorney or he did more than call her a name, as the statute requires that the verbal action = fighting words, are meant to incite an immediate/imminent physical altercation. So the surrounding circumstances would be taken into account. But by calling her a name alone wont violate this statute as written.

Even so, this has nothing to do with assault.

 

[LT1Porsche]

If your friend was convicted under this statute, he either didnt have an attorney or he did more than call her a name, as the statute requires that the verbal action = fighting words, are meant to incite an immediate/imminent physical altercation. So the surrounding circumstances would be taken into account. But by calling her a name alone wont violate this statute as written.

Even so, this has nothing to do with assault.

Simply calling someone a name will violate this statute. "Fighting words" also are defined as any language used to disturb peace. Listen we are not going to go back and forth. All I was stating is that what the landlord did can get him a charge of verbal assault or curse/abuse. Pure and simple. By your sig and info its obvious you do know what you are talking about but at the same time im sure you do not know every law in every district in the USA. By by stating that there are no such charges as Verbal Assault and that someone had to do more than just call someone a C*** or P****. Than that statement is wrong. Just accept that. Have a good day im done.

 

[FordSVTFan]

Simply calling someone a name will violate this statute. "Fighting words" also are defined as any language used to disturb peace. Listen we are not going to go back and forth. All I was stating is that what the landlord did can get him a charge of verbal assault or curse/abuse. Pure and simple. By your sig and info its obvious you do know what you are talking about but at the same time im sure you do not know every law in every district in the USA.

There is no charge of verbal assault. The cursing abuse statute is not an assault statute. Spin it anyway you want but for someone to commit assault they must have a prima facie case including all the elements of "one who acts with intent to cause the reasonable apprehension of imminent contact."

By by stating that there are no such charges as Verbal Assault and that someone had to do more than just call someone a C*** or P****. Than that statement is wrong. Just accept that. Have a good day im done.

Post any state or federal statute from any jurisdiction that defines "Assault" as a verbal attack alone with no other component!! You wont be able to do it.

It is funny that you now try to equate the curse abuse law with Assault, when they are not the same thing. You never mentioned that, you keep saying that a person can commit a verbal assault without any other component, you are WRONG. I can post statute upon statute proving my point. But you know that already, now you need to post an "Assault" statute.

Once again what do you do for a living? Do you work in the insurance industry?

BTW, here is the Virginia definition of "Assault" and the case law that supports the definition of the statute.

An "assault" is an attempt or offer, with force and violence to do some bodily hurt to another whether from wantonness or malice by means calculated to produce the end if carried into execution but no words however provoking can amount to an assault. Harper v. Com., 1955, 85 S.E.2d 249, 196 Va. 723

 

[Mach1USMC]

MOVE AS FAST AS YOU CAN!!!! - Now if not sooner!!!

The Landlord sounds like a complete tool that has no respect for others.

He may have a legal right to "inspect" the rooms since you were informed by his alleged "agent", but the night he just busted in and started ranting like a crazed retard was over the top. Even if you have to pay more to live elsewhere it would be worth the piece of mind. GL

 

[Mustanger]

My landlord (A Woman) snuck into my house once when my wife was out & I was sleeping off of graveyard shift...I heard her in the other room & thinking it was my wife I got up, stark naked, & walked out to see my wife!

I think I gave that poor old nosy lady a heart attack! LOL... I was pissed she came in unannounced like that & never worried about my exposure, just chewed her out for invasion of privacy..I had peace & quiet ever after. Hehe...

 

[HomeboyNorm]

What do they have in common?

U-haul, Ryder, Budget, Penske, Hertz, and Enterprise

:lol: He sounds like a headcase.