If you are involved in an altercation and the victim of assault and battery, there are plenty of things you need to know. For starters, you need to contact a personal injury attorney or personal injury lawyer if you were injured. Having professional legal representation helps you protect yourself and navigate the legal system. It is important for you to walk away from the situation with the compensation to which you are entitled. To be treated properly, you will likely need a professional representing you. To determine if an assault has been committed, ask yourself if the actions were intentional and if there was a threat to cause injury. Did you feel as if you were in peril and would the person threatening you have the ability to carry out the threat? A person might not ever put their hands on you but still be guilty of assault. An example of assault would occur if a person threatened another with a toy gun.

Battery is the intention touching of a person against his or her will. It also includes using objects and substances. It does not have to cause injury, though it often does. An example would be slapping a person, spitting on someone or jabbing them with a finger. Injury and the degree of the injury will determine the award, but does not determine the crime.

There are instances that might seem like assault or battery, but if a defendant has privilege, the charges will be dismissed. Examples of privilege include consent, which is when someone has a victim’s consent to commit assault or battery. The most common example of consent would be during sporting events. Certain contact is expected in a sport, but sometimes players get out of hand. Though the rule of conduct might have been violated, it rarely leads to a successful lawsuit.

Police conduct falls under the umbrella of privilege. Police can use force or the threat of force when needed to perform an arrest. If the defendant suffers an injury, it is unlikely they will have any legal means to deal with it. There have been instances when police force was deemed unlawful, but it is rare. As long as an officer can show a victim/suspected criminal was resisting arrest or threatening the harm of the officers, they can use force.

Issues of defense to do fall under assault and battery and people are legally permitted to use reasonable force to protect themselves. The defense must be proportionate to the threat. For instance, if a person shoots someone because they were staring at her, she is guilty of battery. However, if she shoots a home intruder threatening to hurt her, she will likely be found not guilt. Defending another person is similar to self defense and is usually free from assault and battery charges. Defending your property is also allowed in most places. Local laws differ, so if you are concerned about trespasser, make sure you are familiar with the laws where you live.

Author Bio: Penny Lane recently reviewed the work of a Des Moines personal injury attorney to review the effectiveness of their work. She hired a Des Moines personal injury lawyer to represent her mother who was in a recent automobile accident.

Category: Legal
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