Excusable Assault Law and Legal Definition
An excusable assault is an assault committed by accident or misfortune while doing a lawful act by lawful means. However, the act resulting in the assault must have been exercised with ordinary caution and without any unlawful intent.
The state has the burden of proving beyond a reasonable doubt that the injury of the victim is not an excusable assault. The defendant is not required to prove that the injury was excusable. If the injury is an excusable assault, or if the evidence leaves a reasonable doubt as to whether the injury is an excusable assault, then you must find the defendant not guilty. [State v. Lakebrink, 689 S.W.2d 832 (Mo. Ct. App. 1985)].
The following is an example of a case law defining the term:
By "excusable assault" is meant the injury of another by accident or misfortune under the circumstances submitted in the instruction. [State v. Lakebrink, 689 S.W.2d 832 (Mo. Ct. App. 1985)].
