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Surprises Behind Assault and Battery
For even the most controlled persons, times may come when self-defense, or the defense of someone unable to protect themselves, may arise. In these cases, the assumption is often that litigation for any violence would naturally not apply.
However, you would be surprised how often assault and battery litigation could still stick. Assault and battery is the combination of two violent crimes: assault, or the threat of violence; and battery, or the actual physical violence.
The intention behind the actions is important. Generally, it is only necessary for the defendant to have intent to do the harmful act (as opposed to an intention to actually do harm). Essentially, the act must be done voluntarily. Even in cases of self-defense, an intention to do harm or to do a harmful act can result in assault and battery charges.
Additionally, a person claiming self-defense must prove at trial that the self-defense was justified. Generally a person may use reasonable force, but only what is necessary to repel the attack, and nothing beyond that. Otherwise, the defender becomes potentially liable for assault and battery.
Some persons have thought themselves protected from assault and battery charges under liability coverage from, for example, homeowners insurance. However, that is not always true. The insurance generally covers “accidents”; and assault and battery would most likely not be defined an accident.
For those of us who live or work in situations that can easily lead to physical fights, even in the defensive, would do well to seriously consider additional personal liability insurance. This kind of supplemental liability insurance can save you a mountain of a headache later on. Look to XINSURANCE for a reliable and comprehensive evaluation of your potential liabilities. They can find the right fit for you and provide you with peace of mind through lawsuit protection.