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A martial art is a method of hand-to-hand combat used to defend oneself against an attacker, or to attack an attacker or potential attacker. That is the bottom line! You may think your martial art is a sport, that it is a fitness requiem, or that it is an enjoyable hobby, but if it will not stop an attacker intent on seriously injuring or killing you, then that is all it is.

First, let us assume you are assaulted by someone. Legally, an assault is the threat to do harm with a clear and present ability to carry out the threat, coupled with an overt action toward carrying out the threat. For example, if I say am going to punch your lights out; that is a threat. You cannot physically attack someone for making a threat. If I cock my fist in preparation for the punch, whether or not I actually throw the punch, I have then made the overt action. Can you now kick my butt? Not yet! You still cannot legally attack me in self-defense. I must also have the clear and present ability to carry out the threat. For example, if I am confined to a wheelchair and cannot possible reach you with a punch, then I have not committed an assault. You cannot legally defend yourself against an attack that cannot possibly occur.

Now let us move on to a battery, as in assault and battery. A battery is purposefully touching with intent to do harm, or in a way that may reasonably be assumed would cause harm, however slight the harm. For example, if I tap you on the shoulder while we are standing in a theater waiting line to ask you for the time, I did not commit a battery, and you have no legal reason to attack me in self-defense, no matter how much you may detest being touched by someone. For another example, suppose I was holding a cup of very hot coffee and you accidentally stepped on my toes and it instantly angered me so much that I threw the cup of coffee in your face. Now I have committed a battery. I may not have intended to do you harm, but anyone would reasonably assume that I should have known that the hot coffee would do you harm. After you stop screaming and jumping around, if you feel I am still a threat, you have the right to defend yourself against me I f necessary, but not to merely attack me in retaliation. In a final example, if, instead of tossing the coffee on you, I deliberately punched you on your shoulder, then that would be a clear battery and you could legally take appropriate action.

That pretty much covers simple assaults and batteries. These assaults do not require a lot of self-defense skill or martial art training. You just need to be assertive and take control of the situation. Simple avoidance moves, releases, or locks will work since the person is not intent on harming you. When you are not in fear of your life, you can afford to be magnanimous, but, when in fear of your life, you have to be ruthless.

Let us move on the aggravated assaults and assaults with a deadly weapon. These are assaults in which the attacker is intent on seriously injuring or killing you—now we are getting serious!

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