How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask lwpat Your Own Question
lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
15417118
Type Your Criminal Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

Would the hat knocking also constitute trespass against person,

Resolved Question:

Would the hat knocking also constitute trespass against person, and if so, would the fighting words doctrine apply?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  lwpat replied 5 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

trespass against person

No it is a battery


One such class of speech, fighting words, is defined as words that “by their very utterance inflict injury or tend to incite an immediate breach of the peace.”  Id. at 572, 62 S.Ct. 766.   Fighting words must be inherently likely to induce the ordinary person to react violently.  Cohen v. California, 403 U.S. 15, 20, 91 S.Ct. 1780, 29 L.Ed.2d 284 (1971).

Here you have not indicated that there were any words but it could be mutual combat.
lwpat and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
I think I understand now. Fighting words must be actual WORDS, so that inciting a trespass against person by gesture would afford the trespasser no defense in the civil arena. I take it that inciting a battery via provocative speech affords no defense in the criminal arena?
Expert:  lwpat replied 5 years ago.
I take it that inciting a battery via provocative speech affords no defense in the criminal arena?

No, that is where you use the fighting words defense.