Pasadena Criminal Assault & Battery Info:
What is Privilege?
In order to be held responsible for an assault or battery charge, the defendant does not have the right or “privilege” to assault or batter the plaintiff. The following are examples of this:
When the defendant has the plaintiff’s consent to commit this act, the plaintiff cannot sue the defendant at a later date. The most common example is the intentional foul in basketball or a tackle in football. These are expected in the games. However, if a player tackles another player at the knees, this action may very well cause a serious injury. Rule violations in the standard play will most probably not support legal action. However, consent exists regarding medical or surgical procedures that may take place.
A police officer has the privilege of using the threat of force or actual force to execute an arrest. A defendant who suffers injury from this cannot begin a lawsuit against the officer for assault or battery.
A person who is assaulted may use reasonable force to defend himself. If you use self-defense, it must be in balance with the threat. The plaintiff should try and withdraw from the act if possible.
Defense of others can be compared to self-defense; it usually involves defending a family member.
If two people voluntarily fight each other, just to fight, the plaintiff can only recover for this assault if the defendant used too much force. However, it is highly unlikely that either will be able to sue. An exception is if one person falls and the other kicks him excessively and causes injury. This would support a cause of action.
- Defending your own Property
In many cases, it is okay to use some force to protect your own property from theft or damage by another. While protecting your property and self, you cannot use force that might cause death or serious injury unless the trespasser does so. Laws differ in jurisdictions so make sure you know your local laws before applying force in a situation.
In most regions, parents are legally allowed to apply reasonable physical force upon their own children. Sometimes, a teacher is allowed to apply a certain amount of restraint or discipline against the student. In a mental health hospital, the staff can use reasonable restraint to keep the patient from causing harm to others.
- Privilege for Store Owners
There are times when a store owner is allowed to use reasonable force to keep a shoplifter from stealing property in the store.
Harsh language, no matter how bad, can not justify an assault or battery against the person who uses them.
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