What Can I Do If I Suffered Injuries From An Assault And Battery?
If you are a victim of assault and battery, then to protect the value of your potential assault and battery case, it makes sense to get a free consultation with qualified assault and battery injury lawyers. A free case evaluation with a knowledgeable injury lawyer allows you to determine your legal rights and options. My Rights Law is a personal injury law firm focused on helping assault and battery victims obtain financial compensation and justice from offenders. Our skilled injury lawyers are ready to help you when you need us. If someone harmed you, get medical attention and then call (888) 702-8882 or contact us by filling out our secure web form for a free consultation with one of our assault injury attorneys today.
Hire an assault and battery injury attorney who will fight to get you the most compensation possible
Assault and battery are two separate crimes that are often linked together in many people’s minds. They are related, in some ways, and sometimes a person who has been involved in a violent altercation is charged with both offenses. Critically, in any one of these cases where you have fallen victim to an assault or battery, a skilled and experienced personal injury lawyer can help you with obtaining compensation and justice against the person who harmed you.
In some states like California, there are two types of laws against both assault and battery: some laws make either assault or battery the subject of criminal charges, and some laws allow the victim of either assault or battery to bring a civil lawsuit. In one sense, this means that the same act of assault or battery can result in a local prosecutor bringing criminal charges against the offender and result in that person potentially facing a civil lawsuit where you (the injured victim who sues them) seek money from them for the harm that they caused you via the assault or battery.
Assault is a crime that involves someone’s illegal threat or attempt, along with the actual ability to violently attack or injure you. You might not need to suffer an actual physical injury, or even any actual direct physical contact between you and the offender, for a prosecutor to bring an assault charge. The important point that the prosecutor must prove is that the violent or threatening act was, or seemed, likely to result in actual harm to you.
Aggravating Assault Charges
If the offender is charged with assault with a deadly weapon, they are very likely facing a higher level of charges, along with harsher penalties if convicted. The range of objects and items that can be called a “deadly weapon” go beyond the typically expected items such as guns and knives to include vehicles when driven rapidly toward someone and everyday objects such as baseball bats or frying pans. Assault during the act of another felony is likely to bring additional charges, with stronger penalties, than a simple assault charge alone. The prosecutor reviews the evidence and decides how to charge the crime.
The Crime of Battery
In most states, battery is a crime that involves someone’s intentional and illegal act of violence against you. For the act to be intentional, it generally must have been planned or considered, rather than just a spontaneous accident or unintended contact with you. For example, someone who trips on a stair and falls, nearly colliding with you when you are coming the other way on the stairs, can’t be charged with battery, even though you were struck or knocked over by the falling person.
In some states, the main difference between assault and battery is contact: for the crime of assault, no contact is required. All it takes are words or actions that give a clear threat of real violence and physical harm to someone else. For the crime of battery, there must have been physical contact that a person meant to use to harm or frighten you with.
The focus is on the offender, the person who made some inappropriate personal contact against you. Even a slight touch can be prosecuted as a battery when the contact is done in an angry, threatening, annoying, or illegal way towards you.
To contact you willfully under the law means that the action must not be accidental or reactive to some other stimulus. Rather, the law requires that the person charged with the crime of battery, called the defendant in a legal case, to have acted willfully, which means it must be intentional and planned.
Types of Assaults
There are simple assaults, which are generally the lowest level of crime with the least potential for punishment of all the crimes involved in assault and battery. There are aggravated assaults, which typically involve a deadly weapon or the act of committing another crime during the assault. In some states, there are also special victims of assault, who can bring a greater charge and potentially greater penalties just by the fact of their status as a government civil servant or law enforcement personnel, for example.
Special Victims And Circumstances
Assault against certain protected classes of people, like law enforcement officers or firefighters doing their jobs, for instance, may be punished by more severe penalties. Another example of increased charges and more severe potential penalties is an assault committed on school or public park property. Likewise, assault on or against public transit providers, highway workers, or school employees will be charged as a higher level of crime with more severe punishment.
In some instances, even jurors who are serving on a case in which the offender is involved are considered a specially protected group, who will subject the offender to potentially higher penalties for an assault directed against one of them when it is related to the offender’s case. Similarly, an assault on a military member, when the assault is related to the military service, and an assault on police officers, firefighters, EMTs, lifeguards, and others serving the public in law enforcement and safety, will result in higher levels of charges and punishments if convicted.
You Have Rights As A Victim
It is critical that you speak to a qualified personal injury lawyer if you have fallen victim to assault or battery. A skilled and experienced lawyer can help you understand your legal rights, possible legal obstacles, and how to go about suing the wrongdoer for the injuries, damages, or other losses that you sustain.
Assault And Battery Plaintiff Lawyer
If someone commits an assault or battery against you, then you should consult with a knowledgeable personal injury attorney who is well versed in assault and battery laws. At My Rights Law, our attorneys know how to hold violent and aggressive offenders accountable for causing your injuries. We know how to make them pay you for harming you. Our injury lawyers will carefully evaluate your case, present you with your legal options, and are ready to pursue all remedies against those who are to blame. If someone harmed you, get medical attention and then call (888) 702-8882 or leave a message on our secure web form for a free consultation with one of the firm’s assault attorneys today.
Frequently Asked Questions About An Assault And Battery Personal Injury Claim
How Can An Assault And Battery Lawyer Assist Me In A Civil Lawsuit?
An experienced assault lawyer can help injury victims obtain substantial compensation from those who are legally responsible for injuring them. Because assault and battery lawyers often bring civil assault lawsuits on behalf of battery and assault victims in civil court, they understand the legal issues and how to aggressively pursue justice on behalf of those victims. Battery lawyers can provide you with good legal advice regarding your assault or battery case.
Assault and battery lawyers at My Rights Law provide injured victims with a free case review to help them determine their legal options. My Rights Law is not like other law firms. We treat clients like family, take the attorney client relationship seriously, and will handle your case with care. Our experienced attorneys work hard to meaningfully help each victim.
What Are Assault And Battery Cases?
An assault generally comes by way of someone making a wrongful threat or trying to commit some type of violence on you. It could be someone charging at you with a gun while screaming that they are going to kill you, and you genuinely feel like your life is in danger. It could be a drunk person at a bar that gets in your face and tries to fight you because they think that you are talking to their significant other. Even without making contact, those who commit assaults can cause serious injuries.
Battery offenses involve harmful or offensive conduct (also harmful or offensive contact). Some battery offenses might be seemingly minor (e.g., someone uses unreasonable force by intentionally pushing or shoving you, resulting in little bodily harm), while other offensive contact cases can result in serious bodily injury (e.g., willful and unlawful use of force; someone knocks your teeth out and bashes your legs with a bat). Those who might commit a serious injury could be a stranger, partner (e.g., domestic violence), employer, or someone else that you least expect.
State law and federal law makes assault and battery a crime and subjects offenders to criminal prosecution. However, it also is possible for battery and assault victims to personally sue an offender for the battery injuries or damages they sustain, whether that be physical trauma from violence, psychological damage, among other things. Notably, certain assault and battery crimes against a child or a protected class of people not only serves the basis of a civil personal injury lawsuit because of the nature of these intentional torts, but the offender could be tried in criminal court and placed behind bars for a long time in a criminal case if the prosecutor can prove that the offender committed the offense beyond a reasonable doubt. The effects of assault and battery, which is an intentional act, can be devastating for the victim and their loved ones.
Possible Barriers To Succeeding In A Personal Injury Case
The person who allegedly offended you might defend on the following grounds.
You consented to the activity – you agreed to the incident and accepted the risks and responsibility for the injury or harm that may have resulted.
You were the aggressor – when someone feels justifiably threatened by you, they have a right to respond with reasonable means of self-defense. The context of the incident and the details about what was said and done by all of the people involved in the dispute will be critical for determining if this defense applies.
You were illegally in someone’s home or personal property – the home and the area around it are usually given special recognition by the law as a place where residents want to feel safe. Homeowners are thought to be justifiably more likely to strike out at anyone who may be invading that peace and safety. The offender’s acts might be found to be reasonable by the judge in the context of defending their property from any invasion or other misconduct on their property by you.
The laws on assault and battery are complex. It is critical that you consult with a skilled and experienced personal injury attorney as soon as possible so that you can protect your chances of obtaining a recovery against the wrongdoer.
What Type Of Damages Can I Get For Pursuing Compensation For Assault And Battery?
Assault and battery attorneys could help you get various types of compensation to cover medical treatment, psychological treatment, medical expenses, pain and suffering, lost wages, emotional distress (e.g., anxiety disorders; personality disorders; psychological trauma), and more. Assault and battery cases or related civil actions could be worth a lot of money in damages, especially in cases of death (wrongful death lawsuits) or where punitive damages are awarded because the defendant acted in a particularly egregious manner. Although each person’s situation is different, skilled assault and battery attorneys fight hard to ensure that victims of assault and battery get as much compensation and justice as possible.
Calling My Rights Law Assault And Battery Injury Lawyers Makes Sense
If you or your loved one has suffered assault or a serious injury, then after getting any necessary medical attention, get in touch with an experienced battery attorney for guidance on your civil case (prosecutors handle the criminal cases relating to battery assault). A free consultation can enable you to know what steps to take from a legal standpoint, including how you can recover damages from those who are at fault.
As one of our practice areas, the experienced trial attorneys at My Rights Law help victims of assault and battery fight back legally against offenders. In your consultation, we will prudently evaluate your case, including any police report or other information about your physical injuries, and advise you on your options and next steps. Most assault and battery cases are taken on a contingency fee basis. This means that attorney’s fees are not due on personal injury cases without a resolution. The assault attorneys at My Rights Law will hold your wrongdoer accountable and make them pay you for the harm that they have caused. For more information or to request a free consultation with the legal team at My Rights Law, call (888) 702-8882 or leave us a message on our secure web form.