This is incorrect as what is defined as assault or battery actually varies from state to state. In CA, which I mentioned before, this would be assault as the Ninth U.S. Circuit Court of Appeals ruled that spitting on someone is “simple assault.”
You can read one such ruling (it was originally ruled in 2007) by hitting the following link:
10-10124: USA v. Robert Stoddard, Jr. :: Ninth Circuit :: US Court of Appeals Cases :: Justia
In addition here is more info on how assaults are treated from place to place:
What Is Aggravated Assault? - Attorneys.com
LOL. You can move forward towards someone all you want but you would have to prove her
intent was to strike him. According to the video, there was no attempt to strike as she got knocked out as soon as she moved forward.
The pic means absolutely nothing. There is a video. Simply walking towards him or charging forward is of no concern because there is nothing in the video that shows her intent was to strike. She did exactly what she intended to do and he knocked her out. The question is did he meet like force with like force? Did he have a reasonable fear? Would his actions hold up under the reasonable person test? The answer to all three questions are no.
Again, if you're going to ask about SELF DEFENSE, then you have to look at her SPITTING because that is the assault that caused him to hit her. If you are going to talk about SELF DEFENSE then certain requirements, which I listed, need to be met. If you are going to talk about self defense, you have to talk about what he is defending himself FROM. Based on those who saw the video with full audio, she spit on him (on purpose) and THAT is what caused him to hit her. So all this talk about her charging forward, etc, is of no concern. What is of concern is his intent and how he reacted to her actions.
No one is making additions, stop cherry picking and using word jugglery to prove a point that no one gives two flying fucks about. For the sake of argument, let's say her intent was to strike him and he had a reasonable fear/belief. OK, you have satisfied one of the three conditions required for self defense. Now how are you going to justify the second which is your belief that you needed to use force to prevent it from happening? How are you going to justify the third in that you used no more force than what was necessary to stop her from doing it?
He did right by taking the advice of the lawyer as there was no way to prove 2 or 3. In fact, the first question is once she is four to six feet away from him, why did he follow her. To get on the elevator? Can't take the stairs or cool off? Ok, so you want to get on it as well, no problem.
Why get on the elevator and invade her personal space as soon as you step on it? He makes a gesture, she puts her arm up and everything goes down hill.
We don't need to continue this conversation, breh.