New York, NY asked in Criminal Law, Civil Litigation and Domestic Violence for New York

Q: Is it battery to forcibly grab someone's phone from their hand and refuse to give it back unless a video is deleted?

In NYC, my boyfriend forcibly grabbed my phone out of my hand after I advised him that I was recording him during an argument. He wouldn't give the phone back unless I deleted the video. Is that battery or another cause of action?

1 Lawyer Answer

Tyler Fredrickson

Answered
  • Criminal Law Lawyer
  • Appleton, WI

A: Yes, it could be a basis hypothetically, Non-consensual contact may be made with either a person or that person's extended personality, The example I recall from school was that of a plate being taken by force form someones hands. Another common example is a necklace another object extending the personality of the person.

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