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Privilege

In order to be liable for an assault or battery, the defendant must lack privilege to assault or batter the plaintiff. Some examples of privilege are:

Consent – A person must give verbal or written consent for physical assault or battery. Example in pro sports, the players know that there is a risk of physical injury involved as part of the sport. Therefore, by participating as part of the team, they players know and consent to the risks involved.

Self-Defense – If a person is forced to defend themselves against an assailant, the assailant can not claim assault and battery as long as the physical assault and battery by the person who is defending themselves is not unreasonable and excessive. For example, if a person is being physically assaulted and battered by a person who is maybe using a straw to spit spitballs on them, the person being assaulted has the right to attempt to remove the straw from the assailant and dispose of it. Grabbing the hand of the assailant and removing the straw may be appropriate. However, it is not okay to punch the person in the face or to break their arm or hand. This would be considered excessive force and now brings forth a charge of assault and battery by the original victim.

Police Conduct – Unless the police officer involved uses excessive force to subdue a person, they can not be charged with assault and battery for injuries obtained during an arrest. For example, if you are being arrested, and you attempt to assault the officer that is involved. If the officer uses his or her billy club to subdue you because you are acting out of control, you can not go back and file an assault and battery claim against the officer, because they were doing their job and by attempting to assault them, you forced them to use more extreme measures in order to subdue you. They are well within their limits to do so.

Defense of Others – If you are defending a member of your family or a friend, because they can not defend themselves, this is not considered assault unless the force that you use is too aggressive. This basically falls under the same rules as self defense. However, this is permissible only in some places. In others, it is not permissible and can get you in to trouble.

These are just a few of the different situations that constitute privilege.

Overall, having a good Los Angeles criminal attorney is crucial to you if you have been accused of criminal assault and battery. These are very serious charges. Call a Los Angeles criminal lawyer at Criminal Defense Partners. They will work hard for you. The criminal lawyers at Criminal Defense Partners have the experience and proven track record to build a good solid defense for you.

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