In many situations where physical force is used by one person against another, the lawfulness of that force is in question. For example, if a wife is intoxicated and attempts to drive a car, can her husband use physical force and prevent her from driving the car while intoxicated? What if roughhousing goes a little further than one person wants? As defined pursuant to Nevada law a Battery is, "any willful and unlawful use of force or violence upon the person of another." The question is what is unlawful force. In Nevada, that term seems to be undefined with respect to Battery. In California, where the definition of Battery is identical, case law indicates that an unlawful use of force is "a harmful or offensive touching." People v. Martinez, 3 Cal App 3rd 886 (1970). These terms encompass a wide range of physical contact and subjectively differ from person to person. The above scenarios can be very tricky from a prosecutorial and defense perspective, but, if these situations are not defended effectively, it could equal a criminal conviction, jail time, or other punishment.
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