Civil Battery Defenses

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Most Common Personal Injury Law Issues:

What Is Civil Battery?

Civil battery is the intentional act of causing offensive contact or physical harm to a person without that person’s consent. It is different from civil assault, which is the intentional act of placing someone in fear or reasonable apprehension of a harmful or offensive contact.

Are There Any Defenses I Can Use Against a Civil Battery Claim?

Yes. The specific civil battery defenses available to the defendant will depend on the facts of the plaintiff’s case. The most common defenses to civil battery are:

What If I Did Not Intend to Commit Battery?

Lack of intent is a defense to battery. It can be used when there is proof the defendant did not intend to actually commit a battery.

What If I Am Defending Property and Not Myself?

Self-defense cannot be used as a defense where the battery was committed while the defendant was defending their property. However, they are generally permitted to claim the defense of property in this situation. This defense allows the defendant to protect his property from the plaintiff using reasonable force. Deadly force is not allowed in defending property.

How Can I Prove My Defense?

For defendant to prove that they are not liable for the harm caused in a battery case, they can use the following forms of evidence:

Do I Need an Attorney to Help Me with My Case?

It is in your best interests to contact a personal injury attorney about civil battery defenses. A lawyer can provide you with legal advice.

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Last Modified: 07-27-2015 03:18 PM PDT

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