Assault and Battery Attorney in Sacramento

Assault and Battery Attorney in Sacramento

In 2018, there were over 20,000 aggravated assaults in the city of Sacramento. If you have been the victim of an assault, the person who hurt you will likely face criminal charges, but you can also file a civil lawsuit against them, especially if your injuries are severe and have suffered from emotional distress, mental anguish, or disfiguration or scarring that will last the rest of your life.

Read on to learn about assault and battery, filing a civil lawsuit against the person who assaulted you, and why you should contact an assault and battery attorney in Sacramento as soon as possible.

Assault vs. Battery

In California, assault and battery are two different crimes, as do many other states.

Assault is when an offender threatens a victim why some type of physical violence. Assault can be just a threat with no actual physical contact. As long as there was the intent to follow through on the threat, the courts consider the threat assault.

Battery, on the other hand, is the actual physical contact that causes the injury. Battery can include sexual battery, police brutality, domestic violence, and any other physical contact between a victim and an offender.

A person can be charged with battery even if no injury results. Simply touching a person in an offensive way constitutes battery. Both assault and battery are criminal offenses, and the courts can decide to charge an offender with these crimes. Whether the person faces criminal charges or not, you can always file a civil case to sue the person who

Criminal vs. Civil Cases in Sacramento

It’s not really up to you whether criminal charges are filed against a person who commits assault and battery. That is up to the district attorney or prosecutor. Only they can decide to charge the defendant. If they do, the defendant could choose to plead guilty or they could take the case to trial.

If the case goes to trial, you will likely have to testify against the defendant in court. If they are convicted at the trial, they will be sentenced by a judge. If they plead guilty, they will receive the sentence they agreed on with the prosecutor in exchange for their guilty plea.

The criminal court process is completely separate from the civil court process. You can file a lawsuit against the person even if they aren’t convicted in criminal court. In a civil trial, the decision of the jury isn’t whether the person is guilty or not guilty. Instead, the decision is whether they should be forced to pay you any compensation for things like medical expenses, lost wages, or psychological damage as a result of the crime.

To file a lawsuit, you should consult with an experienced injury attorney.