Question
Avery, Hewlett, and Packard are bankers who have developed a plan for early retirement. Avery has designed a computer program that moves small amounts of
Avery, Hewlett, and Packard are bankers who have developed a plan for early retirement. Avery has designed a computer program that moves small amounts of money, undetectable as individual transactions, into a secret account that will aggregate over time into a hefty nest egg. Hewlett installed the program in a low-profile corner of the mainframe. Packard set up the secret account. They meet to check the account periodically, although they have not yet built up enough of a balance to bother making a withdrawal. Mac, a coworker, gets wind of the plan and threatens to expose the group. Hewlett pulls Mac into a secluded storeroom and says, "You'd better be careful, or you're gonna get it."
When Packard gets wind of the threat, he decides he is getting in over his head. He closes the account and goes to the police. At the station, he sits down with an inspector who questions him as he tells the whole story. Meanwhile, Avery secretly removes an office computer from a storage room and takes it home so that he can better monitor the progress of his program, intending to return it when the job is done. When he uses it and realizes how fast it is, he decides to keep it. As Hewlett is leaving work, he punches Mac in the face without warning and says "Just a reminder." Avery, Hewlett, and Packard are arrested later that evening.
Charged with assault of Mac, Hewlett will likely be:
A. Convicted, because Mac had apprehension of harm.
B. Convicted, because threatened deadly force.
C. Acquitted, because the threat of harm was not immediate.
D. Acquitted, because Mac did not believe the threat to be serious.
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