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Assault and Battery
An assault lawyer handles criminal and/or civil assault cases.
The criminal assault lawyer (also a criminal defense lawyer)
defends someone charged with criminal assault. The civil assault
lawyer (also a personal injury lawyer) represents the victim
of an assault and battery to recover damages for physical injuries
resulting from the crime.
An assault lawyer handles criminal and/or civil assault cases.
The criminal assault lawyer (also a criminal defense lawyer)
defends someone charged with criminal assault. The civil assault
lawyer (also a personal injury lawyer) represents the victim
of an assault and battery to recover damages for physical injuries
resulting from the crime.
What is assault?
While assault and battery are often spoken in one breath and
charged at the same time, they are two separate criminal acts.
Assault is loosely defined as an unlawful, intentional attempt
to injure someone physically. Practically speaking, it includes
both successful and failed attempts at battery, assuming that
the threatened party knew that a legitimate threat existed.
For example, threatening someone with a water balloon doesn't
constitute assault unless the contents of the water balloon
could impose actual harm and the intended victim was aware of
the contents at the time of the assault.
Assaults fall into several categories, such as sexual assault,
which includes child molestation, and domestic assault. The
law classifies some verbal threats as assault. If the assault
takes place during the commission of another crime, such as
robbery, the charge is aggravated assault. Assault may be classified
as a misdemeanor or a felony, depending on the severity of the
alleged act, and these classifications vary by state.
More about criminal vs. civil assault
If you have been charged with criminal assault, contact a qualified
criminal defense attorney, one who specializes in assault and
battery cases. If your case goes to court, the prosecution must
prove that the threat was reasonable, and that it was imminent—not
a thinly veiled threat that might or might not take place at
some unspecified time in the future.
If you are the victim of assault and battery, contact a qualified
personal injury attorney, one who specializes in assault and
battery cases. The lawyer will first assess whether the individual
who committed the assault and battery has sufficient assets
to cover damages. If the individual has sufficient assets or
carries personal insurance, the lawyer will represent you in
civil court and attempt to recover damages resulting from the
assault and battery. Damages include medical expenses, lost
wages, lost future earning capacity, and pain and suffering.
Attorney fees for civil assault and battery cases are usually
handled on a contingency basis, so you will not incur any fees
unless the case is decided in your favor and you collect damages
Personal injuries
can occur in a wide range of accidents; however leading causes
of personal injuries can be attributed to:
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