Is Self Defense Considered Assault & Battery in Simi Valley CA?
Everyone knows there are exceptions to every rule. A teacher tells their students to remain silent while they’re teaching. However, if an emergency started occurring in the classroom, like a fire or a student beginning to seize, it would make perfect sense for the students to yell out to get the teacher’s attention rather than continue to remain silent like initially instructed.
The same also applies when it comes to physically striking someone. Of course, by California law, it is generally illegal to lay hands on another person, unless it is used as a way to punish a child in a reasonable manner. However, everyone is aware that there is such a thing as self-defense. So, is self-defense really considered assault and battery – or is it nothing more than mere self-defense and, thus, can’t punishable by law?
Self Defense Is NOT Assault and Battery
Genuine self-defense is not and cannot be considered assault and battery. This is because assault and battery involve the intention to hurt someone, whether with threats or with physical attacks. On the other hand, someone who is defending themselves is not looking to hurt anyone, but rather, to protect themselves or another person – and safely get out of the situation. After all, when a person is involved in a dangerous, potentially life-threatening situation, they immediately go into fight-or-flight mode, with protecting themselves (or another person) being on the forefront of their mind. Fighting back can be an instinct and even necessary in order to save a life.
Ture be told, there can be a fine line between self-defense and assault & battery. One thing is for sure: determining what it is depends partly on the reason for the physical striking. If someone punches their partner because they won’t allow them to look through their phone, this would clearly not be defined as a means of self-defense as it isn’t a life-or-death situation. However, someone who is getting sexually assaulted can legally attack their aggressor since the reason for striking their aggressor is to get them out of the situation they are currently in. However, if the self-defense is too aggressive and went beyond reasonable means for defending oneself, then it could be considered battery.
Get Legal Defense Help for Self Defense in Simi Valley CA
Do you need help proving your that you acted in self defense and did not commit assault and battery in the state of California? Contact Mattern Law Firm at 310-342-8254. Lisa Mattern would love to represent you in court.