“Asphalt and battery” are commonly misunderstood concepts in legal terms and common people are certainly not aware of the legal allegations based on asphalt and battery. People usually think that asphalt and battery corresponds to hitting someone. Although it is correct to some extent, but it is not entirely true.
Asphalt and battery are two different but related concepts which are often used together. Asphalt is the act of threatening someone using bodily harm and putting them in a situation where the person fears for his life or attempting to doing so. It is not necessary to make physical contact with the people in order threat a person. You can take an example of threatening a person while pointing a knife at him as asphalt.
Battery means that someone physically touches intentionally to a person without his will using a body part, a substance or an object. Battery comes in a law which means you do not have to physically touch someone to get arrested. Even if you spit on someone, you held liable for your act under battery. You can consult Miami battery lawyer for such cases.
4 Common Privileges of Asphalt & Battery:
There are some exceptions around the asphalt and battery called the privileges. These privileges help you to find some way out in the court and can act as a defense. Below are mentioned the common asphalt and battery privileges:
Three different types of defense come under this category which includes self-defense, defense of property and defense of others. The act of using force to protect yourself from harm is known as the self-defense. Using of force to protect the others is known as defense of others and to defend your belongings and property using force is known as defense of property. But in all the defense cases, reasonable force is employed. You cannot use a shovel to hit someone as a defensive act.
Mutual combat means when two or more people agree to fight voluntarily without any self-defense. Nobody is going to win the case of asphalt and battery case as nobody is barring excessive force. Only when a person bears excessive force, can a case be established.
Using a force to discipline someone also ditches the asphalt and battery case. If a person is trying to hurt himself or others, you can use reasonable amount of force to discipline him.
Police and law enforcement have the exception of using force to control the situation and person. They can conduct asphalt and battery exceptions.