How Do I Prove I was Assaulted and Battered?
What is an Assault and Battery? - A battery is any physical contact with another person, to which that other person has not consented.
- An assault is basically an attempt at a battery.
Proving You Were Assaulted - Many times cases of assault turn on whether the threatened harm was "imminent," meaning how soon was the threatened thing supposed to happen. 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.
Proving You Were Battered - 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.
Criminal vs. Civil Court
Criminal Assault and Battery: a person is prosecuted by the district attorney's office for committing an assault and battery against a victim. If you are facing criminal charges, you are in criminal court and need a criminal defense lawyer.
Civil Assault and Battery: involves the victim suing the person who committed the assault and battery against them to recover damages for their injuries. If you want to sue someone for your assault and battery injuries, or are being sued by the victim for money, you are 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: - Medical expenses
- Loss of earning capacity
- Pain and suffering
Victim of Assault and Battery?
If you or a loved one have been injured by an assault and battery, you should speak to a lawyer immediately to learn more about preserving your rights and remedies. 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.
Accused of an Assault and Battery?
If you are accused of an assault and battery, you should speak to a criminal defense lawyer immediately to learn more about your rights, your defenses and the complicated legal system.
Vea esta página en español: Asalto y Agresión Víctima o visita Abogados-Leyes.com para más información legal. |
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