Assault & Battery - Part2: Defense & Punishment?

Answer 1

Defenses

Consent In almost all states, consent is a defense to civil assault and battery. Some jurisdictions hold that in the case of mutual combat, consent will not suffice and either party may sue the other. Jurisdictions also differ on the question of whether consent is a defense to criminal assault and battery.

Consent must be given voluntarily in order to constitute a defense. If it is obtained by Fraud or duress or is otherwise unlawful, it will not suffice. When an act exceeds the scope of the given consent, the defense is not available. A person who participates in a football game implies consent to a certain amount of physical contact; however, the individual is not deemed to consent to contact beyond what is commonly permitted in the sport.

Self-Defense Generally, a person may use whatever degree of force is reasonably necessary for protection from bodily harm. Whether this defense is valid is usually determined by a jury. A person who initiates a fight cannot claim Self-Defenseunless the opponent responded with a greater and unforeseeable degree of force. When an aggressor retreats and is later attacked by the same opponent, the defense may be asserted or declared.

The use of Deadly Force in response may be justified if it is initially used by the aggressor. The situation must be such that a reasonable person would be likely to fear for his or her life. In some states, a person must retreat prior to using deadly force if the individual can do so in complete safety. A majority of states, however, allow a person to stand his or her ground even though there is a means of safe escape.

Whether the degree of force used is reasonable depends upon the circumstances. The usual test applied involves determining whether a reasonable person in a similar circumstance would respond with a similar amount of force. Factors such as age, size, and strength of the parties are also considered.

Performance of Duty and Authority A person may use reasonable force when it becomes necessary in the course of performing a duty. A police officer, for example, may use force when apprehending a criminal. In some jurisdictions, private citizens may also use reasonable force to stop a crime being committed in their presence. Certain businesses, such as restaurants or nightclubs, are authorized to hire employees (security/bouncers) who may use reasonable force to remove persons who disturb other patrons. Court officers, such as judges, may order the removal of disruptive persons who interfere with their duties.

Defense of Property Individuals may use a reasonable amount of force to protect their property. Deadly force is usually not permitted. In most states, however, deadly force might be justified if it is used to prevent or stop a felony. An owner of real property or a person, who rightfully possesses it, such as a tenant, may use force against a trespasser. Generally, a request to leave the property must be made before the application of force, unless the request would be futile. The amount of force used must be reasonable, and, unless it is necessary for self-defense, the infliction of bodily harm upon an intruder is improper.

Punishment

The law considers an assault and battery to be an invasion of the personal security of the victim for which the wrongdoer is required to pay for damages. The determination of the amount of damages to which a victim might be entitled if a defendant is found civilly liable is usually made by a jury. Generally, a plaintiff is entitled to Compensatory Damages that compensate for injuries that are both directly and indirectly related to the wrong. Examples of compensatory damages include damages for pain and suffering, damages for medical expenses, and damages for lost earnings resulting from the victim's inability to work. Some jurisdictions allow the award of Punitive Damages. They are often given when the offense was committed wantonly or maliciously to punish the defendant for the wrongful act and to deter others from engaging in similar acts in the future. The defendant might additionally be subject to criminal liability.

If a defendant is found criminally liable, the punishment is imprisonment, a fine, or both. The amount of time a defendant must serve in prison depends upon the statute in the particular jurisdiction. When the offense is committed with intent to murder or do serious harm, it is called aggravated assault and battery. An aggravated assault and battery is often committed with a dangerous weapon, and it is punishable as a felony in all states.

Disclaimer:

This article is a guideline and is not legal advice - No information here iswarrantedorguaranteedfor any purpose., as laws vary from state to state, it is not intended to be an all inclusive discussion of the law applicable to any action in your state. Please consult with a legal professional when appropriate - if you are charged with a crime, contact a criminal defense attorney.

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