Boise Criminal Lawyer Talks About Assault and Battery Over a Dog Biscuit

As a Boise Criminal Lawyer I found today's headlines almost humorous.  Not in Idaho, but in Montana, a man tried to give a dog a biscuit through a man's fence.  The man, to whom the dog belonged, thought the other man was trying to poison his dog.  The owner of the dog grabbed the man and threw him up against the garage.

From a criminal defense prospective I wonder if there aren't two crimes involved here.  There is obviously the assault and battery against the man who threw the other man against the garage.  This is obviously an assault and battery.  There was an unlawful touching and an act of violence.  But, as a Boise Criminal Defense Attorney I wonder if the man feeding the dog could be charged with trespass.  Certainly he was messing with the property of another.  Not just with the dog but also by reaching through the fence.  As a criminal defense lawyer I would offer this argument to the prosecuting attorney, the state's lawyer, and show that the man charged with assault and battery had been hassled and was responding to the threat; defense of property.

Whether or not it was a matter of pride the man against whom the assault and battery was committed reported that he was not injured.