Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions? A. Ben has committed a battery. B. Ben has committed both an assault and a battery C. Ben has not committed an assault or a battery because he acted in self-defense D. Ben cannot rely on self-defense because he was involved in the argument and not completely innocent E. Ben cannot rely upon self-defense because his life was not in danger

Question

Justice Nichols

Business

17 November, 04:55

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions? A. Ben has committed a battery. B. Ben has committed both an assault and a battery C. Ben has not committed an assault or a battery because he acted in self-defense D. Ben cannot rely on self-defense because he was involved in the argument and not completely innocent E. Ben cannot rely upon self-defense because his life was not in danger

+1

Answers (1)

Know the Answer?

William Flynn · Answer 1

Option C

Ben has not committed an assault or a battery because he acted in self-defense is true regarding Ben's actions

Explanation:

Assault is characterized as a voluntary act that places another self in the fear of direct impairment. Assault thus criminalizes the warning of harm itself, fairly than claiming that real impairment has transpired. The battery is described as an intended attack or harmful touching of another character that is made without his or her acquiescence.

A battery is the real action of impairment. Self-defense includes supporting the well-being of oneself from impairment. Ben pushes Mike to evade the punch, so which indicates a self-dense. This act is not a voluntary act by Ben to harm Mike.