26
C
ASE: 4
BACKGROUND
· The victim, Fabrizio, a 6-foot tall high school student, was engaged in conversation with Danny,
a 5-foot 3-inch student, regarding an incident in the high school lunchroom where Danny threw
food at Fabrizio.
· William D., the Defendant, was also a student at the high school, and Danny's friend.
· William D. allegedly threatened and then punched Fabrizio in the face when Fabrizio was about
to strike Danny, and as such, was defending Danny.
· William D. was charged with assault and battery against Fabrizio. William D. did not dispute
that he punched Fabrizio, but claimed that he was using reasonable force in defense of others,
namely, Danny.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
What is Assault and Battery?
Assault and battery are two separate crimes.
Assault is an act that creates an apprehension
or fear in another person of an imminent
harmful or o ensive contact. The "act"
consists of a threat of harm accompanied
by an apparent, present ability to carry out
the threat. Battery is a harmful or o ensive
touching of another, typically considered
the defendant's "following through" with the
assault.
What is the "Defense of Others"
Defense?
A person may defend another against an
imminent assault or battery by use of force
against an attacker. Reasonable force is
justi ed when a person reasonably believes
that it is necessary to prevent harm to himself
or another person. A person must use no
more force than appears reasonably necessary
under the circumstances.
What is Reasonable Force?
Reasonable force is the amount of force
necessary to protect oneself or one's property.
Reasonable force is a term associated with
defending one's person or property from a
violent attack, theft, or other type of unlawful
aggression. If one uses excessive force, or
more than the force necessary for such
protection, he or she may be considered
to have forfeited the right to defense.
Reasonable force is also known as "legal force."
People v. William D.
The "Defense of Others" Defense
For Evaluation Purposes Only