Victim of Assault and Battery
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What Is Assault and Battery?
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Battery is defined as any non-consensual, physical contact with another person, such as being punched or stabbed. This means the victim did not want or agree to the physical contact. Assault is an attempt at a battery. The victim of an assault may not have been physically harmed, but there was a threat of harm.
How Do I Prove that I was Battered?
To prove you were battered, it must be shown that:
- The battery must have been "intentional." This means that the person meant to throw something or meant to swing their arm.
- The harm does not have to be intended for the victim. Merely doing an intentional act is enough to commit a battery.
Who Is a Victim of Assault and How is It Defined?
Victims of assaults are individuals who have been assaulted in their home, at school, or at work by another person. Victims are usually assaulted when they are actually placed in fear of being hurt, injured, or even killed by another individual. Assault cases are often determined by whether the threatened harm was "imminent." This is the difference between someone about to hit you now versus someone who says they will hit you tomorrow.
The fear of an assault must also be "reasonable." This means that if you were threatened with a water gun and you knew it was a water gun it is probably not "reasonable" for you to fear it.
Criminal vs. Civil Court
If you are a victim of assault and/or battery, your case may be heard in both criminal and civil court.
- Criminal Assault and Battery: The district attorney’s office will prosecute an individual for committing an assault and battery against a victim. Individuals facing criminal charges will be tried in criminal court and may represent themselves or hire a criminal defense lawyer.
- Civil Assault and Battery: Victims of assault and battery may file civil lawsuits against their attackers to recover damages for their injuries. Individuals being sued by victims for money will be tried in civil court and need an experienced personal injury lawyer.
Recovering Damages as a Victim of Assault and Battery
Victims of assault and battery often have a difficult time recovering for their losses. Most assaults and batteries involve individual people who do not have insurance or sufficient assets to pay for the victim's injuries.
If the person who committed the assault and battery against you does have assets, you may be able to recover for your damages, including:
Are You a Victim of Assault and Battery?
If you or a loved one has been injured by an assault and battery, you should speak to a personal injury lawyer immediately. A lawyer will be able to explain the value of your case and help you navigate through the complicated legal process. Most lawyers who handle personal injury matters work on a contingency basis.
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Last Modified: 11-22-2016 10:04 PM PST
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