General Discussion
In reply to the discussion: Michael Brown, Ferguson Victim Paid For His Rellos [View all]aint_no_life_nowhere
(21,925 posts)Assault is the placing of the victim in fear of an unlawful touching and battery is the actual touching. This probably doesn't even constitute a Class C criminal assault and battery in Missouri which is a misdemeanor involving 15 days in jail. The possible circumstances:
Attempting to cause or recklessly causing physical injury to another person,
Cause physical injury to another by acting with criminal negligence using a weapon,
Placing someone in fear of immediate physical injury,
Recklessly engaging in behavior which creates a grave risk of death or serious injury,
Knowingly causing physical contact with another person knowing it will be considered offensive by the other person, or
Knowingly causing physical contact with someone who is incapacitated.
The push by Brown didn't look intended to cause injury and I don't believe resulted in injury. The clerk might have a cause of action for civil assault and battery against Brown, if he were still alive. Of course if he actually stole the cigars, he could be guilty of robbery.