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smith432 · Joined: 24 May 2012 Posts: 347

Assault and Battery are known as crimes against persons as they involve either the threat of violence (Assault) or the actual physical touching or infliction of injury (Battery). Assault has varying degrees from 3rd degree (the least severe) to 1st Degree Assault (the most severe).The most common defense is either the defendant did not actually assaulted the claimed victim or that the assault was justified as self defense. Many factors go into these defenses, such as comparable size and strength of the victim and the defendant and what was the basis for the self defense since self defense does not allow the defendant to escalate the level of violence. In example, in most situations, being pushed does not justify shooting someone in self defense. The trickier situation is when the levels of violence are closer together, such as responding to a push with a punch, that can be argued as justifiable self defense and will ultimately need to be decided by a jury if the facts justified the escalation of violence.

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