Battery means physical, non-consensual touching by someone to another person. Assault is an unsuccessful attempt at battery, and a victim need not suffer physical harm. All that’s required to prove an assault is the threat of bodily harm. To prove battery, one must show that:
* The act was intentional. For a battery to be proven, the plaintiff must prove that the defendant’s actions were committed purposefully.
* The harm doesn’t have to be directed at the victim. The mere commission of an intentional act is sufficient to prove battery.
Who Can Be an Assault Victim, and How Is the Offense Defined?
An assault victim is a person assaulted at home, work or school. Most victims are assaulted when they are put in fear of being hurt or killed by another person, and many cases are determined by the imminent nature of the harm. The fear of an impending assault must be reasonable; if one is threatened with a water gun, it’s not reasonable to feel fear.
Civil vs. Criminal Courts
If a person is a battery or assault victim, the case may be handled in multiple courts.
* Criminal cases: the DA’s office prosecutes the defendant for committing assault and battery. The person can hire an assault and battery lawyer New York City.
* Civil cases: A victim of an assault or battery can file a civil suit against the perpetrator to recover damages. Those being sued are tried in the civil court setting, and they should hire a personal injury attorney.
Assault and battery victims typically have a hard time making an economic recovery. Most cases involve people who have insufficient insurance or assets to pay damages. If the assailant does have assets, however, a victim may be able to recover for their medical bills, lost wages and pain and suffering.
Victims of Assault and Battery
If a person is hurt in an assault and battery case, they should hire a personal injury lawyer right away. An attorney can explain a case’s value, and they can help the client get through the process. Most personal injury lawyers work on contingency fees.
Those Accused of Assault and Battery
If a person is accused of assault or battery, they should consult an assault and battery lawyer New York City as soon as possible. A lawyer with can tell the accused more about their rights, possible defenses, and the complexities of the legal system.