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Civil – Assault Battery

A summary of Virginia civil law of assault and battery.

What is an “Assault & Battery”?

The term “assault and battery” is often used to refer to two separate but related acts. An assault is any threatening act that is intended to put another person in reasonable fear of imminent physical injury. A battery is an intentional and unwanted touching of another without justification, excuse, or the consent of the other.

Words alone are never an assault.

 

Self-Defense

A person who suffers, or is threatened with, an assault and battery that he did not provoke has a right to use as much force in self-defense to protect himself as is reasonably necessary. However, it is unreasonable to continue to use force if the other party withdraws from the fight in good faith and discloses a desire to terminate the fight.

A police officer who makes an unlawful arrest or uses excessive force.

An officer has the right to use reasonable force to make a lawful arrest. Use of that force is not an assault or battery. Within reasonable limits, an officer is the judge of the amount of force necessary to make a lawful arrest.

Any force used in making an unlawful arrest is an assault and battery.

Resisting Unlawful Arrest or Excessive Force – A Tale of Caution!

A person has the right to use reasonable force to resist an unlawful arrest. The use of that force is not an assault or battery.

Any force used in resisting a lawful arrest is an assault and battery.

Similarly a person has the right to use reasonable force to resist unreasonably excessive force by an officer. 

 

CAUTION: If a citizen incorrectly believes the force used by an officer in a lawful arrest is excessive, any force he uses to resist may result in criminal charges of resisting arrest, obstruction of justice or even felony assault/battery on a police officer.

Disclaimer

The materials are prepared for information purposes only.  The materials are not legal advice.  You should not act upon the information without seeking the advice of an attorney.  Nothing herein creates an attorney-client relationship.

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER

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