Assault & Battery

Assault & Battery:

If you have been the victim of an assault, battery, or other violent crime, you may be entitled to recover damages from your assailant in civil court.  A person can be held liable for assault in civil court if they had the intent and ability to cause bodily harm, and if the victim had cause to believe that they were about to be personally harmed.  There does not need to be any physical contact between the parties under the legal definition of assault.  Battery, on the other hand, is caused by harmful of offensive touching that causes injury.  While victims of assault and battery should file criminal charges against their assailant, it is sometimes difficult to prove their assailants guilt “beyond a reasonable doubt” in a criminal court.  When suing your assailant for the damages they caused in civil court, it requires only a “preponderance of evidence” to prove your case.  Therefore the standard of proof is lower in civil court than in criminal court.  So if your assailant was not convicted in criminal court, it is not necessarily an indication that you would not be able to recover damages from them in civil court.  This is why it is important to consult an attorney as soon as possible to discuss your legal options.  Give us a call today for a free, no-obligation consultation.