The phrase "assault and battery" is widely misunderstood. A popular belief is that someone, assault and battery consists of striking. Like any good lawyer told me, you will say (as my friend Seattle criminal lawyer), held during this broad idea is not entirely accurate, it is far from correct.
Assault and battery someone are two different beings. Assault is the act of threatening physical harm to by someone in a situation where theyFear for their lives or attempt to harm someone's life brought. Personal contact is not necessary to commit assault. A common example is a knife assault someone or threaten someone's life.
The battery is when someone intentionally touching someone against those persons with a body part, object or substance. You do not necessarily met with someone to be arrested for battery. Spitting on someone, you get arrested for battery.
There arePossibilities around an assault or battery conviction. These exceptions are called "privileges" and to act as an appropriate defense in a court. There are several assault and battery privileges, but here are the five most frequently.
1st Defense
Three types of defense fall into this category Umbrella: self-defense, defense of others and defense of property. Self defense is the act of using reasonable force to protect themselves from physical harm. Defense is the action of otherprotect the force to another. Defense of property is using reasonable force to defend your property. In all cases, the phrase "reasonable force" is the key. You can not just someone with a shovel, if they threaten to spit on you. Specific defense laws vary from state to state.
2nd Mutual Combat
Mutual combat occurs, if two or more people commit themselves voluntarily to fight without the pretext of self defense. Lock excessive force (ie, a kick in the face of a pitched ordowned fighter) fight no one involved is likely to win in the event of an assault or battery. Only in the case of excessive force, an assault or battery is likely to be the case.
3rd Discipline
some countries, the discipline maintained in an assault and battery is a privilege. In these cases, individual responsibility with a reasonable amount of force is to discipline someone from taking a stand to hurt themselves to hurt others and destroy givenProperty. Hospital workers, mental hospital staff, teachers and parents can use all the discipline privilege in certain areas.
4th The behavior of the police
In addition to the defense of privilege that police behavior is known for assault and battery exceptions. The prosecution is allowed to use reasonable force to detain a person or place someone under arrest. Similar to self defense, the amount of reasonable force varies with the amount of resistance. People who maintainViolations by law enforcement officials that violence does not exercise reasonable gain an assault or battery case, even with the best Seattle criminal defense lawyers I know.
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