Sadly, assault and battery cases are common. As the victim of an assault and battery, you need to file a police report, seek medical treatment, and talk to a reputable personal injury attorney. After all, assault and battery are serious crimes. As such, the perpetrator should be punished and you should be financially compensated.
By definition, assault does not necessarily involve physical contact. Instead, there has to be a reasonable perception that someone intended to do you harm. For instance, if someone pulled a gun on you, even if the gun was fake, that person could be charged with assault. Battery usually entails actual physical harm, which can be intentional or willful harm, offense, violent touching, and pain that is against the victim’s will. Interestingly, for the crime of battery, no physical contact is necessary. For example, spitting may be relatively minor, but it is still a criminal act. Fighting, domestic violence, and even rape are other examples of assault and battery.
To win a case of assault and battery against an individual, several things must happen. Your attorney will start by meeting with you to get as much information as possible. In addition, the attorney will gather the police report, medical records, witness statements, and anything else that is relevant to your case.
Winning your case for assault and battery will come down to proving that you were, in fact, the victim of a crime. As for financial compensation, the degree of the assault and battery will be considered, along with the extent of your injuries and long-term effects.
There are different degrees of assault and battery. With a simple assault, which is a misdemeanor, no weapon is used and the injuries are somewhat minor. For a felony aggravated assault, a weapon was used or there was a threat of harm with the intent to commit a crime of a more serious nature, such as rape. Sexual assault includes a variety of acts, including touching, penetration with an object, and intercourse. There is also assault with a deadly weapon, which means that physical violence was committed with the perpetrator using a weapon or object capable of causing major
injury or even death.
The person who committed assault and battery against you will likely be punished. However, the degree of punishment varies depending on the crime and jurisdictional laws. Punishment can be anything from community service and a fine up to 5 to 25 years in prison. In addition to criminal charges, the perpetrator can be held civilly liable. If you were physically and/or emotionally injured, your attorney can bring a lawsuit against the individual.
By proving with evidence that a crime of assault and battery was committed, you can collect monetary damages for medical bills, prescription medication, lost time at work, and pain and suffering. Even if the perpetrator is not punished criminally, your attorney will fight to have that person held responsible in civil court. Because most people charged with assault and battery claim self-defense or consent, and due to complexities associated with this type of case, it is imperative that you hire the best personal injury attorney possible.