Assault & Battery Injury Attorney

Assault and Battery Attorney

California and Nevada law allows those who have suffered a battery or assault to bring a civil lawsuit against the at-fault party. Our experienced assault and battery attorneys believe that no person should have to endure any type of injury because of another’s negligence. Contact our personal injury attorneys today for a free no risk consultation to discuss your assault and battery claim, and the different legal strategies we can take.

An assault and battery could have very lasting impacts, physically and emotionally. For example, many may be left with PTSD, fearful of even leaving the house. Our attorneys believe that victims deserve financial compensation for any unlawful acts committed by others. Our skilled attorneys are ready to fight for your rights in court.

Could I Sue in Civil Court for Assault and / or Battery Injuries?

A single act of assault and / or battery could result in both criminal charges and civil lawsuits. Although there are many criminal statutes in place that protect victims, a victim could also sue the perpetrator in civil court for injuries suffered.

What is Civil Battery?

The common misconception is that victims of battery cannot recover any civil lawsuits. Criminal battery is punishable through imprisonment, or a fine. However, victims of battery could file a civil lawsuit against the perpetrator for monetary damages. Once a claim is filed, the victim is referred to as the plaintiff, and the battery perpetrator is referred to as the defendant.

In order to show that the victim suffered civil battery, the plaintiff must be able to show:

• Intent: the perpetrator had the intent to engage in such an action. This could be proven not by showing that the defendant had the intent to bring about the harm, but that the defendant had the intent to engage in such an act. For example, if the defendant swings at the plaintiff, the defendant should just merely have the intent to swing their arms, not to have the intent to cause brain damage that the plaintiff suffers.
  • The defendant could raise an involuntary act as a defense. For example, if the defendant suffered a stroke, and his arm came swinging towards the plaintiff, then the plaintiff most likely does not have a claim against the defendant for this involuntary act.
• Harmful or offensive contact: harmful contact means it is likely to result in injury to the victim, and offensive contact is contact that one would consider an offense to their sense of dignity.
• Without the consent: the harmful or offensive contact needs to occur without the consent of the plaintiff. If the plaintiff consented to such contact, then the defendant could potentially raise it as a defense and have the entire case dismissed.

 If you believe that you have suffered a battery in California or Nevada, contact our attorneys immediately to schedule a free no risk consultation.

Estadísticas de Agresión y Violencia en California

California ha visto tendencias notables en incidentes de agresión y violencia en los últimos años. En 2022, el estado reportó 129,899 agresiones agravadas, lo que marca un aumento significativo desde 105,031 en 2018. Este aumento en el crimen violento se alinea con una tendencia más amplia observada en todo el estado, donde la tasa de crimen violento ha aumentado un 13.5% desde 2019. Específicamente, la tasa de agresiones agravadas subió un 5.2% de 2021 a 2022, y estas agresiones representaron el 67% de todos los crímenes violentos reportados en el estado (Instituto de Políticas Públicas de California).

Los principales centros de población como Los Ángeles, San Diego y Fresno vieron los números más altos de agresiones, con Los Ángeles reportando solo 20,178 incidentes en 2022. Estos crímenes ocurren frecuentemente en varios entornos, incluidos hogares, estacionamientos, centros comerciales y escuelas, reflejando la naturaleza extendida de estos actos violentos.

El estado también ha experimentado un aumento pronunciado en crímenes violentos relacionados con armas de fuego, con homicidios y agresiones agravadas relacionados con armas de fuego aumentando un 37.7% y un 61.1%, respectivamente, en comparación con los niveles previos a la pandemia. Esto subraya el impacto significativo de las armas de fuego en el panorama general del crimen en California (Fiscal General de California).

Comprender estas estadísticas destaca los desafíos continuos para abordar el crimen violento en California y la importancia de esfuerzos continuos para mejorar la seguridad y la justicia para todos los residentes.

What is Civil Assault?

There are elements that the plaintiff must prove in order to bring an assault claim against the defendant. These elements include:

• Intent: the defendant must have the intent to cause touching, or to place the victim in fear of harmful or offensive touching.
• Imminent apprehension: the defendant must place the plaintiff in immediate fear. For example, future threats do not necessarily place a victim in immediate apprehension.
• Harmful or offensive contact: the imminent apprehension must place the victim in fear of harmful or offensive contact.
• Assault is referred to as a type of attempted battery. The assault could be merely threats, rather than actually carrying out the actions. All that is required is that the victim understands the immediate threat.

Who is Liable in Physical Assault Cases?

The aggressor is most likely going to be the liable defendant because of their violent actions. However, in certain circumstances, other parties could also be defendants in an assault lawsuit. This includes instances when the assault has occurred on another person’s property.

For example, if the assault occurred on a mall’s property, the mall could also be held liable for failing to take proper precautions in preventing the assault. In another example, if the perpetrator was an employee of a company, the perpetrator could potentially hold their company liable as well.

What are Injuries Suffered from Assault and Battery?

The different types of injuries that a victim could suffer from an assault or battery could range from minor injuries to major ones. These include:

• Broken bones
• Traumatic brain injury
• Scrapes
• Bruises
• Wrongful-death
• Cuts

If you have suffered any of the above injuries, or other injuries not mentioned, contact our assault and battery attorneys today for help.

Expert Legal Representation

The Heidari Law Group specializes in providing expert legal representation for victims of assault and battery. Our experienced attorneys understand the physical, emotional, and financial toll these violent acts can have on victims and their families. We are dedicated to helping you navigate the complexities of the legal system to secure the compensation and justice you deserve.

Comprehensive Legal Support

We offer comprehensive legal support, handling all aspects of your case from the initial consultation to the final resolution. Our services include:

• Case Evaluation: We conduct a thorough evaluation of your case to determine the best legal strategy.
• Evidence Collection: Our team gathers and preserves crucial evidence to strengthen your claim.
• Negotiation: We negotiate with insurance companies and opposing counsel to seek fair settlements.
• Litigation: If necessary, we are prepared to take your case to court to fight for your rights.

Types of Compensation

Victims of assault and battery can pursue various types of compensation with our help, including:

• Medical Expenses: Reimbursement for medical bills, hospital stays, and ongoing treatment.
• Lost Wages: Compensation for income lost due to injury and recovery time.
• Pain and Suffering: Financial relief for the physical and emotional distress endured.
• Punitive Damages: In cases of egregious misconduct, additional damages to punish the wrongdoer.

Client-Centered Approach

At Heidari Law Group, we prioritize our clients’ well-being and recovery. We provide personalized attention and tailored legal solutions to ensure your needs are met throughout the legal process. Our goal is to alleviate your burden and help you achieve the best possible outcome.

What is the Difference Between Assault and Battery?

Assault and battery are often mentioned together, but they are distinct legal concepts with key differences. The primary distinction lies in the nature of the act: battery involves actual physical contact or harm, while assault pertains to the threat of harm or the creation of a reasonable fear of imminent harm.

Assault is an intentional act that causes another person to fear that they are about to suffer physical harm. This means that no physical contact is necessary for an action to be considered an assault. If someone raises their fist as if to strike another person, causing that person to believe they are in danger, that action can be classified as assault.

Battery, on the other hand, involves the actual physical touching or striking of someone without their consent. This physical contact can be direct, such as hitting or pushing, or indirect, like causing an object to touch the person. The key element of battery is the unauthorized and harmful or offensive physical contact.

In summary, while both assault and battery are serious offenses, the main difference is that battery requires physical contact, whereas assault does not. An act can be considered assault if it instills fear of imminent harm, but it becomes battery if there is unwanted physical contact. Understanding this distinction is crucial for recognizing the nuances of these legal terms.

What is the Burden of Proof?

The burden of proof is the legal theory used to describe how and which party must prove the case. In civil cases involving assault and battery, the plaintiff must be able to prove that assault and\or battery occurred. The defendant then would raise any defenses in order to disprove liability.

What Types of Damages Could You Receive with an Assault and Battery Case?

There are different types of damages plaintiffs could receive in a lawsuit against a defendant for assault and / or battery. These damages include:

• Medical bills: these are the costs used to treat any physical harm that has occurred. For example, if someone suffered a heart attack, then the treatment bills could be recovered from the defendant.
• Lost wages: if the plaintiff took time off in order to heal from the physical or emotional suffering, the plaintiff could recover lost wages.
• Future lost wages: if the plaintiff has to take time off work in the future, they could recover those lost wages. This is also referred to as loss of future earnings.
• Emotional distress: emotional distress includes trauma endured such as PTSD, depression, anxiety, etc.

Frequently Asked Assault and Battery Questions

What is the difference between assault and battery?

Assault refers to the threat of harm or an attempt to cause physical harm, while battery involves actual physical contact or harm. Both can result in criminal charges and civil lawsuits.

Can I file a lawsuit for an assault that did not result in physical injury?

Yes, you can file a lawsuit for assault even if there was no physical injury. The threat or attempt to cause harm can be sufficient for a civil claim.

What kind of compensation can I seek in an assault and battery lawsuit?

Compensation can include medical expenses, lost wages, pain and suffering, emotional distress, and sometimes punitive damages to punish the offender and deter future misconduct.

How long do I have to file a lawsuit for assault and battery in California?

In California, the statute of limitations for filing a personal injury lawsuit, including assault and battery, is generally two years from the date of the incident.

Do I need a police report to file a civil lawsuit for assault and battery?

While a police report can strengthen your case, it is not mandatory to file a civil lawsuit. You can still pursue a claim based on other evidence such as witness statements and medical records.

Can I sue if the perpetrator was not convicted in criminal court?

Yes, you can still file a civil lawsuit even if the perpetrator was not convicted in criminal court. Civil cases have a lower burden of proof compared to criminal cases.

What should I do immediately after an assault or battery incident?

Seek medical attention, report the incident to the police, gather evidence (such as photos and witness information), and contact a personal injury attorney to discuss your legal options.

Can I sue for emotional distress caused by an assault or battery?

Yes, emotional distress is a valid claim in assault and battery cases. You can seek compensation for psychological trauma, anxiety, depression, and other emotional impacts.

How can a personal injury attorney help me with an assault and battery case?

An attorney can help by gathering evidence, negotiating with insurance companies, representing you in court, and ensuring you receive the maximum compensation for your injuries and losses.

What types of evidence are important in an assault and battery case?

Key evidence includes medical records, witness statements, surveillance footage, photographs of injuries, police reports, and any communication or threats made by the perpetrator.

What Should I Do if I Have Been Assaulted?

1. Seek immediate medical assistance
2. File a police report against the aggressor
3. Contact our assault and / or battery injury attorneys today to seek compensation for your injuries

If you are a resident of California and Nevada, and you have suffered a battery or assault injury due to another’s unlawful acts, contact our attorneys today for a free no risk consultation. Our attorneys understand that suffering an assault or battery could have very drastic effects. Our attorneys approach each claim on a case-by-case basis, and provide our individualized attention.

Our assault and / or battery attorneys have been representing assault and battery victims for decades. The perpetrator does not necessarily have to be convicted in criminal court in order for you to file a civil lawsuit against them. Even if the perpetrator is not charged criminally, an assault and battery victim could still recover for injuries through a civil lawsuit.

Our assault and / or battery attorneys have represented victims from many cities in California and Nevada.