In civil law, assault is an intentional act to create reasonable apprehension of harm in another person without their consent, while battery is the intentional act of causing an offensive, harmful touching of another. Both actions are done without the consent of the individual. A person who stabs another may be liable for committing both a battery and an assault against the stabbing victim. Additionally, that person may face criminal charges for assault and battery. Under criminal law, a person accused of stabbing another faces time in jail and/or fines.
Yes. Civil law and criminal law are two distinct bodies of law, and they are dealt with in two separate court systems. Criminal court requires the state to prosecute the defendant, and prove they committed the crime beyond a reasonable doubt, without involving the victim as a party in the case. In civil court, a stabbing victim is allowed to sue the defendant to get compensation for the injury that they caused the victim.
In order to prove in civil court that the defendant has committed both a battery and an assault against them, stabbing victim must show:
Yes. It is generally incredibly easy to win a civil lawsuit against the defendant in this situation if they are convicted of stabbing the victim in criminal court. The judge will look at the evidence of a conviction as the liability being met because the criminal conviction was determined at a higher level of proof than a civil case.
Yes. The defendant can claim:
Yes, especially if the defendant is also being criminally charged for the stabbing. A personal injury attorney will explain your legal rights to sue the defendant.
Last Modified: 01-11-2018 07:11 PM PSTLaw Library Disclaimer
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