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Legal Definitions - actual force
Definition of actual force
Actual force refers to the direct application of physical power or contact against a person or property. It involves a tangible, observable exertion of physical strength or energy, as opposed to merely a threat of force or a situation where force is implied without direct physical contact. This type of force is often a key element in proving certain crimes, such as assault, battery, or robbery, where physical interaction is a necessary component of the offense.
Example 1: During a heated argument, one individual physically shoves another person to the ground, causing them to fall and scrape their knee.
Explanation: The act of shoving involves direct physical contact and the application of physical power against the other person's body. This immediate, tangible physical interaction constitutes actual force.
Example 2: A shoplifter attempts to flee a store, and when confronted by a security guard, physically pushes the guard aside to escape, causing the guard to stumble.
Explanation: The shoplifter's action of physically pushing the security guard involves a direct application of physical power to overcome resistance and facilitate escape. This direct physical contact and exertion of strength is an instance of actual force.
Example 3: An individual intentionally uses a crowbar to pry open a locked door, damaging the doorframe in the process, to gain unauthorized entry into a building.
Explanation: The act of using a crowbar to physically manipulate and damage the door and its frame involves the direct application of physical power to property. This direct physical impact and alteration of the property's state demonstrates actual force.
Simple Definition
Actual force refers to the direct, physical application of power or violence against a person or property. It signifies a tangible, physical contact or exertion, rather than merely a threat or implied action.