When Assault And Battery Is Lawful

Have you been forced into a violent act? Are you wondering whether or not you could be held liable for the other person's injuries? According to the law, there are times where violence is justified. This article will discuss 4 examples of situations where reasonable violence is allowed. If your incident falls into one of these categories, you might have a valid defense.

Defending Yourself

The law says that if you are being assaulted by another person, you are allowed to use necessary force. Necessary force is an act that is designed to stop the violence being perpetrated, and no more. The amount of force used must be in proportion to the violence being done to you.

Here's an example: if someone grabs your arm, then it is reasonable to remove their hands from your arm. It is not reasonable to deliver a roundhouse kick to their solar plexus.

However, if someone begins shooting a gun and you are in danger of being hurt, you are within your rights to shoot back. If a situation like this arises, it is not likely that you will be punished by the law.

Defending Others

In some cases, you may not be the one who is in danger. It may be someone else. In this case, the same rules as self-defense apply. If you have good reason to believe that another person is in imminent danger, you are typically protected by the law if you act.

An example of this would be if you see one person being attacked by a mugger, and you intervene violently. In this situation you would be able to claim defense of another as your defense. 

Defending Your Property

Defense of property allows you to prevent someone else from damaging or destroying your property. In cases like these, a reasonable amount of force is protected.

Again, the action you take must be in proportion to what the other person is doing. In most cases, it would not be lawful to fatally attack someone who is attempting to steal or damage your car. 

Merchant's Privilege

The merchant's privilege protection is similar to the defense of property. If you own a retail business where customers come to shop, you have certain rights when it comes to protecting your store and the items inside it.

Merchant's privilege is different depending on the state you are in. In some cases, if someone is attempting to steal from your store, you may be required to call law enforcement before you are able to take any action yourself.

When it comes to shoplifting, most state laws allow you to confiscate the item that is being stolen as long as it is in plain view. However, you are not allowed to search the shoplifter.

If you are the defendant in an assault and battery case, it is important to know whether or not you are liable for the other person's injuries. Consult with an attorney like Madigan & Scott Inc. who can help you with your case. 

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