Assault Charge or Defense or Property: You Find the Truth

Porch pirates! They are possibly the biggest downside of home delivery. But this homeowner’s reaction makes us wonder, is this defense or property? Or were his actions worthy of an assault charge?

The video shows a porch pirate caught in the act by a doorbell camera. The homeowner comes out of the home, wielding a baseball bat, ready to attack. He doesn’t hit the thief, but he uses some threatening language before forcing him down on his knees.

Assault Charge or Defense of Property

An assault is an illegal act that expresses the intention to harm another person. In most cases, threatening someone with a steel bat would bring an assault charge. However, there are legal exceptions that would not bring an assault charge. One of those exceptions is the defense of property.

The homeowner is defending his property against the porch pirate, so he would not be guilty of an assault charge.

Assault vs. Battery

Many people confuse assault and battery, but they are different crimes. The intention and result sets them apart.

An assault charge may be in order if a person threatens to cause another person bodily harm. Battery happens when they carry through on that threat and hurt the person physically. So, if not for the defense of property exception, the homeowner may have been accused of assault, not battery.

Charges of aggravated assault may be brought if the defendant used a deadly weapon in the assault or caused serious bodily harm during the assault.

Defense of Property in an Assault Charge

Some exceptions will help you avoid an assault charge. One is “defense of property.” You can claim the exception if you used assault to prevent someone from invading or illegally withholding your property.

However, the defendant must use reasonable force to defend their property. If they use excessive force, they may be convicted of assault and battery.

The amount of force a person can use in a defense or property case varies. If a thief steals directly from another person, such as a pickpocket or purse snatching, the victim can use reasonable force to retrieve the item.

However, the law prohibits you from using unreasonable force to recover property items. Legislation does not allow excessive force because it may escalate to become a more violent situation. Let’s just say the homeowner here is very lucky he didn’t hit the porch pirate!

Other Exceptions for Assault Charges

A person would also not be guilty of an assault charge if they acted in self-defense. A victim may claim self-defense if:

• They were threatened with unlawful force
• They believed the threat would cause them imminent harm
• They did not provoke or harm the other person
• They were unable to escape from the situation

The defendant must also use proportional force to counter the threat. Excessive force is not permitted. For example, you cannot shoot someone who threw a cotton ball at you.

Similar exceptions may apply if you used force to defend others.

Consent can also get you out of an assault charge. If a person voluntarily consents to an act of violence, they cannot turn around and accuse the aggressor of assault.  

Take, for instance, a football game. When football players play football, they agree to put up with a certain degree of ‘assault’ from their fellow players. After all, some of the activities that happen on a football field could be considered assault in any other circumstance.

However, each case must be looked at individually. If a football player removed another player’s helmet and repeatedly hit them on the head, they will likely face battery charges, whether it was in the middle of the game or not.

The court will scrutinize each situation to determine whether it calls for a battery or assault charge and determine if an exception can be claimed.