Irvine Assault and Battery Attorneys

Irvine Assault and Battery Attorneys

Campus safety is a growing concern for students, parents, and university staff across the United States. According to the University of California, Irvine’s Police Department, there are around 100 instances of assault reported each year on campus. However, experts believe this number could be significantly higher as many incidents go unreported. This troubling trend isn’t isolated to UC Irvine; campuses nationwide are grappling with similar issues.

Why is Campus Crime on the Rise?

Campus crime rates have been increasing due to several factors, including larger student populations, higher rates of substance abuse, and the pervasive influence of social media, which sometimes incites risky behaviors. Additionally, students are often hesitant to report crimes, which leads to underreported statistics that can mask the true extent of the problem.

What Can Be Done to Improve Campus Safety?

Improving campus safety requires a multi-faceted approach. Universities need to invest in better lighting, security cameras, and increased patrols by campus police. Educational campaigns aimed at encouraging students to report suspicious activities and providing clear avenues for doing so can also make a significant difference. Furthermore, universities should collaborate with local law enforcement to ensure comprehensive safety measures are in place.

The Impact of Underreporting Crime

Underreporting is a significant issue that skews crime statistics and hinders the effectiveness of campus safety measures. According to experts, the true number of assaults could be much higher than what is reported. For example, a study by the National Center for Education Statistics revealed that approximately 80% of campus crimes go unreported, leaving a vast majority of victims without justice and skewing the perception of campus safety.

If you have been a victim of assault or battery in Irvine, it’s crucial to take immediate action to protect your rights and secure the compensation you deserve. Assault cases can be complex, involving not just criminal charges but also potential civil lawsuits. Our seasoned Irvine assault attorneys are here to help you navigate this challenging time.

Why You Need Legal Representation for Assault Cases in Irvine

When you or a loved one experiences assault or battery, the aftermath can be overwhelming. Beyond the physical and emotional trauma, there are legal battles to consider. Criminal charges against the perpetrator are just one aspect of the situation. You may also have the right to pursue a civil lawsuit to recover damages for your injuries.

Q: Can I file a civil lawsuit if there are criminal charges?

A: Yes, even if the perpetrator faces criminal charges, you can still file a civil lawsuit to seek compensation for your injuries. Criminal charges address the wrongdoing against the state, while a civil lawsuit focuses on compensating you for the harm you suffered.

When you or a loved one faces the aftermath of an assault, finding the right legal support is crucial. Our seasoned Irvine lawyers are dedicated to ensuring that our clients receive the justice and financial assistance they deserve. By holding those responsible accountable in court, we help our clients navigate the complex legal landscape with confidence and peace of mind.

Understanding Assault Charges: From Simple to Aggravated Assault

Assault charges can vary significantly, depending on the severity and circumstances of the incident. In California, assault charges can range from simple assault, which typically involves minimal physical contact or the threat thereof, to aggravated assault, which involves more severe actions that may result in serious injury or the use of a weapon.

What is the Difference Between Simple and Aggravated Assault?

Simple Assault: This charge generally refers to an attempt to cause harm to another person or an act that causes another person to fear imminent harm. It doesn’t necessarily involve physical contact, but the intent to cause harm is a critical factor.

Aggravated Assault: This more serious charge involves an assault that results in significant injury or involves the use of a deadly weapon. Aggravated assault is often classified as a felony and can result in harsher penalties, including longer prison sentences and larger fines.

Why Legal Representation Matters in Assault Cases

Having an experienced attorney on your side can make a significant difference in the outcome of your case. Our Irvine lawyers specialize in both criminal defense and personal injury law, ensuring that you receive comprehensive legal care. We understand the nuances of the law and are committed to protecting your rights throughout the legal process.

Q: How can a lawyer help if I’m charged with assault?

A: An experienced lawyer can help by thoroughly investigating the circumstances of your case, negotiating with prosecutors, and providing a strong defense in court. They can also help mitigate potential penalties or even get charges reduced or dismissed.

The Importance of Financial Compensation for Assault Victims

Victims of assault often face not only physical and emotional trauma but also financial burdens due to medical bills, lost wages, and other related expenses. Our legal team is dedicated to securing the financial compensation our clients need to recover and move forward with their lives.

Q: What types of financial compensation can I pursue in an assault case?

A: Victims can seek compensation for medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. Each case is unique, so it’s essential to consult with an experienced lawyer to understand the full scope of your potential compensation.

Regardless of the type of assault, you do have the right to get compensated for the injuries that you have suffered from the assault. No matter what type of assault, the responsible party will receive its criminal penalty.

What is assault?

Both assault and battery are intentional acts, and allow the victim to get compensated against the at-fault party. Assault is a term used to refer to the threat or use of force against another person. Battery occurs when there is physical touching. Usually, many people mistake assault and battery as the same thing, when there are key differences. Usually, assault is charged in domestic violence cases where a couple may be living together, or are married. 

What are the different types of assault in Irvine?

Irvine follows California law when it comes to assault charges. California Penal Code 240 discusses what assault is, and how someone could be charged criminally with assault.

Examples of battery and assault include:

• Vehicular assault
• Sexual assault
• Sexual battery
• Domestic violence
• Assault with a gun
• Simple assault

Who can file a lawsuit for assault and battery?

Anybody who has been assaulted and been a victim of an assault in battery (which is unwanted touching) could file a civil lawsuit for assault. But, those who have given consent to the touching are not eligible to get compensated since they consented and it was expected. 

Who is responsible for my assault and battery lawsuit?

• The assaulter: the person who committed the assault is the number one responsible person for the battery and assault
• Building owner or property owner: although not as common, building or property owners could also be held responsible as a third party in the event that someone has been assaulted on their property. For example, if there was negligent security or improper lighting, the victim has the right to recover compensation from the property owner under premises liability

Where do assault and battery occur?

 Assault and battery could occur almost anywhere, some examples include:

•  At home
•  Restaurants
•  Nightclubs
•  Schools
•  Buses
•  Trains
•  Grocery stores
•  Amusement parks

What are injuries caused by assault and battery?

• Broken bones: Usually, the number one injury caused by assault in battery is broken bones
• Lacerations
• Internal bleeding
• Spinal cord injuries
• Nerve damage 
• Traumatic brain injuries

When should I file my assault and battery civil lawsuit in Irvine?

You must file your lawsuit within 2 years from the date of the incident. This means that the clock begins ticking the minute that you have experienced the assault or battery. This is outlined under California Code of Civil Procedure section 335.1. This is the statute of limitations put in place by California law to make sure that victims of accidents are able to file a lawsuit within a reasonable amount of time.

But, keep in mind that there are several exceptions to these two years. For example, if you experienced assault or battery by a government official in Irvine, then you may only have 6 months from the date of the incident. You must file a tort claims form, which is a specific form outside of court. For more information, give our Irvine lawyers a call today.

How do I prove assault?

There are key elements that you must have to prove in order to show that the assault occurred. In order to prove your assault and battery case, make sure that you have as much evidence as possible. The elements that you must have to prove are:

• Intentional act: you must show that the person responsible took part in an intentional act and meant to harm you or take part in offensive contact.
• Apprehension of harm: you must show that you were in fear of imminent harm at the time of the assault
• Reasonable apprehension: this apprehension and fear of harm must be reasonable
• You must prove that the contact was not something you gave consent for
• You must show that the assault caused you to suffer injuries 

What kind of damages could I recover for my assault civil lawsuit?

There are several different types of damages a victim of assault could recover. Assault victims not only suffer physical damage, but they also suffer emotional trauma after going through such an experience.

The compensation could include:

• Economic damages: economic damages refer to the types of damages that could be easily calculated, such as lost wages, future lost wages, physical therapy, emergency room services, reduced earning capacity, medication, etc. 
• Non-economic damages:  non-economic damages refer to the trauma the victim had to go through from the Irvine assault. There are no bills or invoices that you could point to to prove non-economic damage, but instead, the court will compensate the victim for their emotional distress, anxiety, depression, PTSD, and pain and suffering. 

What types of evidence will I need to prove assault?

Our experienced attorneys will work with you to gather as much evidence as possible. Key pieces of evidence that could strengthen your assault and battery claim include:

• Eyewitness interviews
• Medical records
• Photos of the assault
• Photos of the injuries you have suffered
• Surveillance footage of the assault 
• Police reports