Assault and Battery Info Center

Frequently Asked Questions about Assault and Battery

Q: I have been assaulted and battered. Will the case end up in criminal court or civil court?

A: A person who commits assault and battery can be tried in criminal court and sued in civil court. If the assailant is found guilty in criminal court, he or she will be imprisoned, fined, ordered to perform community service and/or placed on probation. If the assailant is found responsible in civil court, he or she will have to pay monetary damages to the victim who filed the lawsuit.

Q: Is there a time limit for filing an assault and battery lawsuit?

A: Yes. Every state has laws about how soon a lawsuit must be filed, and these rules vary by jurisdiction. For personal injury lawsuits, the time limit can be just one year, but it may be longer. It is important to pay attention to the deadline: if you miss it, your case is likely to be thrown out. An attorney in your area can help you determine whether the time limit has passed for your cause of action.

If no criminal conviction was obtained in connection with the incident that gave rise to your injuries, or if criminal charges were never filed, you may still recover for an assault and battery in civil court.

Lawyers for Victims of Assault and Battery

The criminal justice system exists to punish the perpetrators of crime. The civil courts exist to financially compensate the victims of wrongdoing. To learn more about the civil aspects of assault and battery, please review the general information below.

If you are a victim of assault and battery, contact a personal injury attorney at The Reeves Law Group in California today. Call us at (800) 644-8000.

Assault and Battery - An Overview

In civil court, assault and battery are known as intentional torts, and can be the basis of a personal injury lawsuit against the person who commits them. Intentional torts are different from other personal injury claims, such as those arising from an automobile accident, which are ordinarily based on a person's carelessness. Intentional torts such as assault and battery require that the person committing them act with the intent to cause a certain result -- either fear in the victim or contact to the victim's person.

While the torts of assault and battery are similar and can go together in one lawsuit, it is important to note that they are actually two separate claims. A defendant can commit an assault without a battery, and vice versa. Usually however, a battery includes an assault, and an assault can be characterized as an attempted or uncompleted battery. In general terms, an assault occurs when a person is placed in apprehension or fear of a harmful or offensive contact and a battery is found when that harmful or offensive contact actually occurs.

It is important if you or a loved one has been the victim of an assault or battery that you contact a knowledgeable, skilled personal injury lawyer in your jurisdiction to learn about your legal rights.

Civil vs. Criminal Cases

A person who commits assault and battery can end up in jail, but that may not be the end of the story. The victim of the assault and battery could sue the perpetrator in civil court. If you have been the victim of an assault and battery, you may wish to file a civil lawsuit against the perpetrator as well as participate in the criminal case. For more information, contact a personal injury attorney.

The Value of Your Claim

Assault and battery can cause more than physical injuries. It can lead the victim to miss work, become overwhelmed by medical bills and lose the ability to perform day-to-day tasks. A successful civil lawsuit against the perpetrator can recover compensation for these harms. If a plaintiff brings a lawsuit against the responsible party and wins, the judge or jury may award monetary damages. Damages compensate the plaintiff for the wrongs — the injuries and losses — caused by the defendant. A personal injury attorney can help you determine what kinds of claims you have against the person who assaulted and battered you or your loved one.

Defenses to Allegations of Assault and Battery

Allegations of assault and battery, whether in civil court or criminal court, are serious. If the plaintiff wins in civil court, the defendant could be ordered to pay significant monetary damages. Numerous defenses to allegations of assault and battery are available, however. If you have been accused of assault and battery, you may find yourself looking to one of these defenses; if you have been the victim of an assault and battery, you and your attorney may need to rebut these defenses. An attorney can help you prepare your strongest case.

What To Do After the Incident

If you have been the victim of an assault and battery, you may not know what to do next. It is important to take certain steps to protect your rights. Your actions, along with your attorney's assistance, will help you to establish a case against the person who assaulted and battered you.

Assault and Battery Resource Links

Violence Prevention
The Centers for Disease Control and Prevention (CDC) works to prevent domestic violence, sexual crimes, child abuse and youth violence.

National Center for Victims of Crime
This Web site features help for victims of crime in addition to links, newsletters, publications and statistics.

American Bar Association Division For Public Education - Personal Injury
The ABA informs the public about how personal injury claims work.

Tort Law: An Overview
The Legal Information Institute at Cornell Law School provides a brief summary of tort law.

Has the Jury Decided? What Juries Use To Make Up Their Minds
From the National Science Foundation, this article discusses the art of persuasion, witness testimony and more.

Information Centers are a collection of articles, frequently asked questions and other information written on specific practice area topics. Read more...

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The California personal injury lawyers at The Reeves Law Group represent victims of accidents, injuries and wrongful death throughout California from our offices in Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, Ventura County, Fresno County, Kern County, Sacramento County, San Fernando Valley, Long Beach, Antelope Valley, Torrance, Glendale, Bakersfield, Santa Ana, San Jose, San Francisco, Oakland, Ontario, and Victorville.

Assault and Battery Info Center