What is the smallest thing that is legally considered assult, and when is self defense legal?

I’m just curious about what the legal definition is. What is considered assult, and thereby a person can be arrested or charged with assult?

When is self defense acceptable by law, and therefore the person cannot be charged with assult in return?

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9 Responses to What is the smallest thing that is legally considered assult, and when is self defense legal?

  1. koldpl says:

    fist fight

  2. Joe M says:

    Unfortunately it’s kind of an elastic term.

    What is considered assault in some cases, can be considered self-defense in other cases.

    It mostly depends on how good your lawyer is.

  3. Antwaan M (Pats Rule) says:

    well self defense, is fighting back, that u cant help because of fear of being killed

    assault is beating down someone without a motive,

  4. Jenn says:

    In different states the laws are different. I’m in South Carolina and I know that spitting on someone can be asault!!! Here there is really no self defense. They say it is, but its not inforced. If u hit someone because they hit you then you still go to jail!!!! It really only becomes self defense if they break into your house or something dramatic like that, and even then there could be consequences for your actions.

  5. CBJ says:

    assault from legal dictionary:

    an intentional act by the defendant that puts plaintiff in reasonable apprehension of an imminent battery

    SO….if someone acted like they were going to slap you , which made you reasonably apprehensive that a battery was imminent, then it would be an assault, even if they never touched you.

    Self defense…this varies by state as to why types of force are legal..typically you are ok if you use an equal amount of force as the aggressor, ex:
    you get punched and you punch back=legal
    you get punched and you shoot the guy=illegal

  6. Scotty says:

    Assault is any action that puts you in fear of being intentionally touched in an inappropriate manner. Usually assault must include an action, not just words, but words alone constituted assault in a case where the victim was blind.

  7. Dr. Luv says:

    Assult is a threat verbal or by action to commit a battery. I think you are refering to a battery. Battery is what happens after an assult it is an unlawful touching of another person.

    Any contact is battery…and you could be preosecuted or sued but unless there was serious contact you would get nothing.

    So if you bump into someone in the mall you could be sued and you would owe them nominal damages…usually a dollar.

    But in that case a prosecutor would not waste their time as there was no criminal mental state by the batterer.

    Now if someone attack someone (punches, kicks, bites, ect…) then you will be charged with battery.

    Self defense is applicable in all cases when you are attacked or reasonably believe an imminent attack will occur…you don’t need to be hit first…you just need to be sure you were going to get hit. Also you are not allowed to use deadly force unless deadly force is used against you.

    If someone hits you and you pull out a gun and shoot them you no longer have self defense you are guilty of manslaughter.

  8. xxalmostfamous1987xx says:

    The definitions of assault vary from jurisdiction to jurisdiction – but generally it describe the action of threatening to harm somebody ie; Pointing a gun at them may be aggravted assault or assault with a deadly weapon. It could also be raising a fist. Battery is the term that describes the contact which occurs from an assault. In tort law, assault can also include a verbal threat, a gesture or both. It has been established in recent cases that a telephone threat could constitute assault, and in a case in England a slient phone call. The elements needed to satisfy this tort is

    1. A threat being made.
    2. The threat causing reasonable apprehension to the victim.
    3. Made without lawful justification.

    Self-defence is an act taken to prevent yourself from imminent danger. For example if someone punches you, you can legally punch them back. Now self-defence must also be proportionate – ie; if someone punches you, you cannot stab them in return. Further more is must be immediate ie; if someone punches you, you cannot punch them 6 months later and claim self-defence.

    So to claim self-defence, you would need to prove you were in immediate danger, you reasonably feared for your safety and the defence was proportionate in the circumstances.

  9. Deborah H says:

    In California, ripping the phone out of the wall, preventing someone from calling is considered assualt

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