Overview of Assault and Battery Law

Assault and battery involve unlawfully threatening or touching another person. While assault is the threat of contact, battery involves actual contact.

Assault and battery are intentional torts, and the victim can file a civil lawsuit against the wrongdoer for damages. Civil tort laws vary by state, so you should contact a local assault and battery lawyer to understand your legal options.

Understanding Civil Assault and Battery

Civil assault and battery are known as intentional torts. A tort is a civil wrong for which the victim can sue to get compensation for injuries or harm suffered after assault or battery.

The terms assault and battery are often used together, though they are separate offenses. Assault is intentionally threatening to cause harmful or offensive contact. The victim of assault does not have to suffer any actual physical contact or bodily harm.

Battery involves actual contact. In a personal injury claim alleging battery, the plaintiff must prove that the defendant touched the plaintiff with the intent to cause harm or offense. For example, punching, kicking, or throwing an object at someone is battery. If someone pretends they are going to punch someone and the victim has a reasonable fear of imminent harm, it is assault even if the assailant does not make contact.

Find top Assault & Battery lawyers easily

Connect with a qualified attorney today.

Find a lawyer today

How Civil Lawsuits Differ from Criminal Cases

If someone causes personal injury in a battery case, they could face both civil and criminal charges. The burden of proof for a criminal conviction is beyond a reasonable doubt. This is a higher burden of proof than in civil court, which requires a preponderance of the evidence, meaning more likely than not.

Criminal cases are prosecuted by the state in criminal court. When someone is facing assault and battery charges, a criminal defense attorney can represent them in criminal court.

Under criminal law, the penalties for assault and battery include possible jail time and fines. Depending on the jurisdiction, assault can be a misdemeanor or felony. Aggravated assault can involve causing serious physical injury or assaulting an officer. Aggravated assault is generally a felony offense.

What You Need To Prove in an Assault and Battery Claim

The elements of assault depend on state law, but generally include:

• The defendant acted intentionally to cause harmful or offensive contact
• The plaintiff reasonably believed they would be imminently touched in a harmful or offensive way

In a battery lawsuit, the elements may include:

• The perpetrator committed an intentional act to touch the victim
• The victim did not consent to touching
• The victim suffered harm or offense because of the perpetrator’s conduct
• A reasonable person would be harmed or offended by the touching

Harmful or offensive contact does not have to cause serious injury. Battery also includes indirect contact, like throwing an object at someone. Assault could also include attempted battery that does not result in contact.

What Kind of Compensation Can You Receive?

The plaintiff can recover compensatory damages in an assault and battery case. Economic damages include medical bills for injuries, lost wages if you can’t work as a result of the incident, and any property damage losses. You can also recover non-economic damages for pain and suffering or emotional distress.

In some assault and battery cases, the court can award punitive damages. Punitive damages punish the wrongdoer for their actions. Punitive damages are not available in most personal injury cases, but the court can award them for intentional actions or especially dangerous actions.

Common Defenses in Civil Assault Cases

There are legal defenses to allegations of assault or battery. An affirmative defense generally means the defendant did touch the person, but there are reasons to justify their actions, such as:

• Consent. When the plaintiff consents to physical contact, they cannot claim damages for battery.
• Self-defense or defense of others. For self-defense, the defendant reasonably believes they are in immediate threat of harm and they use no more force than necessary to prevent the threat. The same applies to defend another person who they reasonably believe is under threat of harm.

Even if the defendant is mistaken and there is no actual threat, it is still a defense if they reasonably believe there was threat of harm to another.

Get Legal Advice From an Assault and Battery Attorney

An assault and battery lawyer can review your case and explain your legal options. There is a limited amount of time to file a personal injury claim, though the statute of limitations varies by state. To ensure you don’t miss the deadline and that you can exercise your legal options, contact a personal injury lawyer with experience in civil assault and battery cases.