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 the 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.
13 April, 2012