· 3/17/2022
JORGE L. RODRIGUEZ and LUIS RODRIGUEZ v. JUAN RODRIGUEZ
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[A]n assault is defined as either an attempt to use physical force on another, or as a threat of use of physical force.”
- to commit assault, defendant must engage in “objectively menacing” conduct with intent to place victim in fear [citation omitted]
- \an assault may be accomplished ... by putting another in fear of an immediately threatened battery\
- substantial risk of miscarriage of justice where judge incorrectly expanded definition of assault to include “an attempt to do psychological harm”
- fact finder could \reasonably . . . infer[] that the defendant intended to kidnap the [victim]\ from \evidence that the defendant falsely enticed the [victim] into the crafts room\
- “Under the common law, an assault may be accomplished in one of two ways — either by an attempted battery, or by putting another in fear of an immediately threatened battery”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.