Civil Assault Defenses

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Civil Assault Defenses

Assault is the intentional act of placing someone in fear or apprehensive of an imminent battery. The laws governing assault do not require a person to touch the plaintiff to be considered assault. Any offensive touching or harm is battery. When sued for civil assault, a defendant does have a defense to win the case.

What If I Did Not Intend to Assault the Plaintiff?

You would still be liable for the assault because the theory of transferred intent negates the need for specific intent toward a specific individual. Transferred intent refers to someone intentionally trying to commit a tort against one person, but commits the tort against a second person instead. In other words, if a defendant intended to assault or batter another, but assaulted the plaintiff instead while still intended to engage in the actions that caused the assault, the intent that the defendant had for the original person is transferred to the victim.

What Are the Available Defenses to Civil Assault?

The most common assault defenses are:

Do I Need a Lawyer for a Civil Assault Case?

Yes. If you have been accused of assault, it is in your best interests to contact a personal injury lawyer. They will explain all the defenses available to you.

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Last Modified: 07-27-2015 02:21 PM PDT

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