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You don't offer any state specifics, so this is certainly not to be taken as a definitive answer.

The question here is about assault. Assault involves putting another another in apprehension of imminent physical harm.

If you're talking about actual physical contact, then you want to know about battery.

In general, battery is the intentional offensive or harmful touching of another. The law generally doesn't draw distinctions between batteries. So if someone punches you intentionally with the intent to harm, they have committed a battery. If you punch them back, you have committed one as well.

With that being said, the law recognizes a self defense exclusion to battery. If you are charged with battery, you can at trial claim self defense. If you can prove it, the judge can dismiss the charges.

You are generally allowed to defend yourself using a reasonable amount of force and using no more degree of force than was used against you. So if this is a fist fight, you can't reply with deadly force (knife or a gun). And these rules generally only apply in defense of people, not property. But like I said, this is VERY dependent on what state you're in (the castle doctrine in some states has created new questions about this etc).

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15y ago
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skydogblue

Lvl 2
2y ago

Best course of action is to grab your crotch and move your butt rapidly in a counter-clockwise motion. In your head, calculate the position of Orion times the gravitational pull of last night's meatloaf on your sphincter as you squeeze your balls. SCREAM and release the ooze on the bastards face.

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13y ago

Yes, you can, especially if the police and/or DA think that maybe you weren't just defending someone. Then it would be for a jury to decide.

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Q: Can you be charged with assault for defending yourself?
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Can you get charged for defending some one in a fight?

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