Assault and Battery Lawyers and Attorneys
in Los Angeles

Assault and Battery Attorney in Los Angeles

The most common personal injury cases in Los Angeles involve car accidents and slip and falls in businesses. But there are still several assault and battery claims filed in Los Angeles under personal injury law. If you or a loved one has been injured because of an assault, battery, or abuse, contact our Los Angeles assault and battery attorneys to seek compensation for the losses you have suffered.

 We understand that this could be a very traumatic experience that you could be going through. Not only will you have to endure several medical costs, but battery and assault may leave a victim with years of emotional trauma. Although it is very difficult to come forward and speak to an attorney regarding such a matter, we advise our clients to seek legal help immediately. Failure to come forward may result in a dismissed case if it is brought too late. Our aggressive Los Angeles personal injury attorneys work to make sure that sexual assault perpetrators are held liable for the crimes they have committed. No person should have to go through any type of abuse or assault.  We have represented sexual assault and abuse victims for the last decade. We worked to make sure that these victims are well compensated for the losses that they have suffered.

The horrors of assault and battery can leave an emotional scar on an individual, no matter if the injuries are long term or not. For example, if you ever experience or go through being cornered in a parking lot by someone with a knife, that unfortunately can leave a psychological effect on you that would make you constantly be scared of entering a parking lot. If you were stabbed or slashed, physical battery would leave you with perhaps permanent scarring and put you in a position where you wouldn’t be able to return to your everyday life and even work; subsequently not allowing you to pay for your respective medical bills.

The team at Heidari Law Group does not just “understand,” your situation – but rather will help you take the right course of action in order to get the justice you deserve. There is no reason why you should be scared of bringing this to the attention of our team. You should never go about this alone, and receiving our support and guidance is the first step in gaining the control of your life back.

The Difference Between Assault and Battery in California

California law sees assault and battery as two very distinct crimes, but when combined – end up being a lethal combo.

• Assault is typically when an individual threatens their victim on purpose with some type of physical violence. There is intent behind it. However, normally they do not need to go all the way through with the threat for the respective “assault” charge(s) to be delivered in court. The victim in this case, needs to just feel that the threat against them is definite.
  • Assault requires harmful or offensive contact. Harmful contact is anything that could potentially injure you, and defensive is any that may offend someone’s sense of dignity.
  • Assault requires that the victim be aware and was in fear at the time. For example, you cannot file an assault claim if you were asleep when this occurred.
• Battery is an act that is against the law – since it is in the form of actual physical contact that causes damage/injury. Battery also can include sexual acts and crimes such as molestation, rape, and physical sexual force. Furthermore, police brutality in Los Angeles is another form of battery.

How will I be compensated for my assault and battery injuries?

One of the most common questions we receive is how victims of assault could be compensated. We are always prepared to represent victims of assault, and to make sure that they get the maximum compensation necessary for their emotional and physical trauma. Other than filing criminal charges against the defendant, our attorneys go against the defendant for civil charges where you could receive damages for your injuries. We file a personal injury claim against the defendant and initiate the civil lawsuit.

What is not considered assault and battery?

There are several instances that the law has ruled cannot be considered assault and battery. Examples are described below:

• Property owners who are defending their property
• Parents when disciplining their children
• A person who is defending themselves
• Sports
• Store owners when they’re defending themselves from theft
• School teachers (this depends on the jurisdiction you are located in, for more information on Los Angeles Education Code of Conduct, contact our attorneys today.)

Each circumstance is different, and so if you believe you have an assault or battery claim, contact our attorneys immediately to determine the circumstances of your case. It is important to hire an attorney that better understands your claim and has decades of experience litigating claims like yours. Contact us today to determine the different strategies we can take to represent your claim.

When can I file a civil assault lawsuit in Los Angeles?

As a victim, it is important that you seek legal assistance immediately after suffering an assault or battery. You have to file a lawsuit within the specific time frame required under California law. In Los Angeles, personal injury victims have two years from the date of their injury to file a claim for damages. Filing a claim after this two-year time limitation could result in the assault claim getting dismissed.  This is referred to as the statute of limitations.

Oftentimes, many assault victims could be afraid of coming forward until years later after the statute of limitations has expired. Los Angeles has several assault and abuse laws in place that could potentially lengthen the statute of limitations time period to allow victims more time when coming forward.  To determine whether your case qualifies under these Los Angeles assault and abuse civil laws, contact our attorneys today.

For decades we have been representing Los Angeles personal injury victims. You need an assault and battery lawyer in Los Angeles to have your legal rights represented. Going through unlawful trauma is wrong.

What are defenses that defendants could raise?

There are several arguments we have seen defendants raise in an assault or battery case. Some examples include:

• Consent: defendant would raise the argument that they had consent to the harmful or offensive contact.
• Privilege: this is most commonly raised by police officers when defending arrests.
• Self-defense: a defendant would argue that they acted in self-defense when responding to her threat of harm.

What are damages I could recover from assault and battery in Los Angeles?

California state law provides specific damages for assault and battery victims. This includes:

• Emotional distress
• Physical injuries
• Putative damages (although rare)
• Medical costs
• Loss of support
• Lost wages
• Future lost wages
• Loss of a loved one
• Personal property damages

There are two different types of damages. This includes economic and non-economic damages.

• Economic damages are those that aren’t easily calculated and try to place the victim in the financial situation they would be had the assault or battery never occurred. This includes medical bills, prescription medications, and lost wages.
• Noneconomic damages are those that try to compensate the victim for any trauma. This is not easily calculated, and includes down images such as emotional distress, anxiety, depression, etc.

Criminal Vs. Civil Court Cases in Los Angeles

Once you become a victim of assault and battery, you may have the ability to strike back with both a criminal and civil court case against the person who hurt you. This in turn will help the police investigate what happened and will of course help you get the justice you deserve. Once there is enough information and evidence that will back your story up, the person who harmed you (the attacker), will be charged for the crime they committed. What will happen next is they will either plead “guilty” or “not guilty.” Once they plead guilty, they will be sentenced to however much time the court decides based on the law and evidence. If the attacker decides to plead not guilty, their case will end up going to trial in front of a carefully selected jury. In California’s criminal court, the district attorney’s (DA) office will show up and represent the “people” or “state” and move forward to prove that the person who attacked you actually committed the crime, and of course – be punished for what they did by serving a sentence in prison. If needed, you may need to come to the courthouse and tell your story, which will help complete your case against the attacker. Aside from that, your lawyers will take care of everything else and make sure that they do everything in their power to ensure justice is served.

The difference between civil and criminal cases within the state of California is that in civil, you and your lawyers forge ahead with the claims and take ownership of the litigation path, and in criminal, the District Attorney’s office helps move the case forward and will check in with you regarding the appropriate steps.

Seeking any type of action in civil court involves the person that was hurt to look for a qualified California attorney, and then file a suit against the attacker, which is the defendant. In a civil trial, the verdict won’t be as much as if the attacker is guilty or not – but rather how much they will owe you in monetary compensation. In civil court, normally if the attacker (defendant) loses, they will need to pay a fine to the plaintiff, which in this case, will be the person who was hurt and damaged. In fact, there are different types of claims, including emotional and physical damages that are caused. The defendant may be ordered to pay a very large sum of money to the plaintiff after the Judge decides the verdict. In order for this to even take place, a California Assault & Battery Lawyer must help with the proceedings.

Premises Liability Claims in Los Angeles

Oftentimes, someone who has been a victim of assault or battery could file a lawsuit against potential landowners. For example, if you have been a victim of assault in the parking lot of a store, you could hold the store and landowner responsible for failing to take adequate measures, such as putting in adequate lighting at night to deter potential defendants away. 

Who are the defendants in an assault and battery claim?

There could be several different types of defendants a plaintiff could bring a lawsuit against. For example, the defendant could be the person who engaged in the sexual assault. Another could be the employer that made the sexual assault possible, or a landowner that failed to take adequate precautions to prevent any assault on their property.