Legal Question in Criminal Law in California
Can you ever legally assault someone if they are provided with multiple warnings to stop slandering you and they continue to do so anyway?
What would be the implications of taking that kind of action?
The reason I ask is if I am in the right I want to handle it, but if I am in the wrong I am just going to have to find a new job so I don't get a record.
Thanks.
2 Answers from Attorneys
No. If you feel you are being slandered your remedy is to sue the slanderer. If he is causing ongoing problems, you may be able to get a restraining order to make him stop.
The law does not approve of people taking matters into their own hands. In fact, the reason we have laws and courts is to provide a civilized and even-handed alternative to personal revenge.
Slander can never justify physical violence. The law only permits the use of such force when reasonably necessary to protect oneself or others from the threat of imminent physical harm.
Mr. Hoffman has stated the law very well and very accurately. There is absolutely no legal justification available that permits a person to physically assault another person because they are the victim of slander or because someone is currently slandering them to their face. However, you haven't provided any facts. You have stated slander, but you have not explained what happened. So an attorney looking at this question has no idea if you understand what slander is or is not. They also have no idea of the events that led to the incident or if an incident even occurred. For example, if someone verbally threaten you and made you feel through their words and body language that an battery was imminent there might be some room to argue that you were placed in reasonable apprehension of an imminent battery and therefore when you defended yourself you were justified. it depends on the situation. You need to contact an attorney and ask some specific questions and give more details. Trying to interpret the law under these circumstances will not behoove you. If you have any questions you may contact our office through our website at www.brianmcginitylaw.com .
Good luck
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