Assault and Battery - Victim Lawyers

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What Is an Assault and Battery

Battery is defined as any non-consensual, physical contact with another person. 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.

Proving You Were Battered

To prove you were battered, it must be shown that:

  1. The battery must have been "intentional." This means that the person meant to throw something or meant to swing their arm.
  2. The harm does not have to be intended for the victim. Merely doing an intentional act is enough to commit a battery.

Proving You Were Assaulted

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.

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.

Are You 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.

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Last Modified: 10-13-2014 03:24 PM PDT

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