Defense Against Crime

06/03/2013

I was only defending myself

Self-Defense VS Assault and Battery

How many times have you heard someone say “I was only protecting myself” when they in fact took the aggressive action. Lots of people try to use this as their means to avert a higher criminal charge like assault? When is an action considered Self-Defense and when is it considered assault.

What usually happens is an incident in which one part may feel threatened or feel that they need to retaliate against someone. Don’t let your temper interfere with using common sense. Striking a person because you are provoked by somebody’s word or deeds – UNLESS you are protecting yourself against life-threatening violence – is not self-defense, it is assault and battery.

SELF-DEFENSE: the act of defending one’s person when physically attacked, as by countering blows or overcoming an assailant: Self-defense or private defense is a countermeasure that involves defending oneself, one’s property, or the well-being of another from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions, but the interpretation varies widely

ASSAULT: An unlawful attempt, coupled with a present ability, to commit a violent injury upon another person. Just the threat of bodily injury can constitute simple assault.

BATTERY:- The successful accomplishment of such an attempt.

ASSAULT AND BATTERY OF A HIGH AND AGGRAVATE NATURE: an unlawful act of violent injury to another person accompanied by any circumstances of aggravation including but not limited to the following:

  • Use of a deadly weapon (gun, knife, baseball bat, brass knuckles, garden tools, hammer..etc) that inflicts serious bodily injury;
  • Infliction of serious bodily injury such as painful gashes or serious injuries to the face;
  • Disparity between the sizes, ages, physical conditions of the parties, or impaired health on the part of the victim;
  • Resistance of lawful authority accompanied by an unlawful act against the arresting officer, even though no bodily harm may be inflicted.
  • Indecent liberties or familiarities with a female.

This information is only for educational purposes only. If you find yourself in a legal predicament, please consult a lawyer.

Taken from the Guide to Safer Living- Department to public Safety

PepperEyes.com is dedicated to providing you with the best and most affordable personal protection products on the market to meet the security needs of you, your family members or your business, by assisting anyone who is unwilling to become a victim of crime. If you want to take personal responsibility for yourself, your home or your business, purchase our high quality discount personal protection products and arm yourself with the knowledge of the best way to stay secure in an ever-increasing violent world. In today’s society being equipped mentally and physically is no longer an option.

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