if you are assaulted what kind of lawyer do you need

Do I need a lawyer if I am charged with assault?

You've come to the right place. If you have been threatened with physical harm, hit, or otherwise touched when you didn't want to be, a civil assault and battery lawyer can help. A civil assault and battery lawyer helps victims sue for money damages from the assailant. Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses, emotional …

What can a civil assault and battery lawyer do for You?

Jun 04, 2015 · As with all personal injury claims, seek medical attention first and foremost if you were injured, report this incident in writing to your employer if you have not already done so, and seek the assistance of a personal injury attorney who is licensed to practice in FL and LA. Please know we cannot contact you directly.

Who should hire a personal injury lawyer?

Apr 02, 2019 · If you have been sued for civil assault or battery, you should consult with a well qualified and knowledgeable personal injury defense attorney to evaluate if the claims made against you have merit and help you assert any available defenses you may have. Further, they will be able to represent you in a court of law, if necessary.

What can I do if I was the victim of an assault?

Feb 24, 2013 · A personal injury attorney can help you pursue a prospective case against your assailant and any other parties that may be responsible for what occurred (EG: the hotel, the police department, etc.). If you would like to call my office tomorrow, I can give you some additional insight. Joseph D. Lento... 1 found this answer helpful | 9 lawyers agree

What type of lawyer goes to court the most?

Criminal defense lawyers may appear in court more frequently than other types of lawyers—especially if a case goes to trial.

Can you sue for assault in Canada?

Understanding How Assault Claims Work in Canada. If you've been assaulted, whether it was in a fight or unprovoked, you can sue your opponent for any major injuries you've suffered. These can include loss of income, pain and suffering, and other damages.

Do you get compensation for being assaulted?

If you have been injured following a criminal assault, for example violent mugging, sexual assault or unprovoked attack, you may be able to pursue a claim for damages: Through the Criminal Injuries Compensation Authorities (CICA) Through the courts in a civil claim for damages.

What does verbally assaulted mean?

Verbal assault means any statement or act, oral or written, which can reasonably be expected to induce another person to be in apprehension or danger of bodily injury or harm, or the use of offensive language directed at a person, where such language is likely to provoke a reasonable person to physical violence.

Christian K. Lassen II

Based on the brief information you gave, you should consult a qualified personal injury attorney. You may have the ability to bring a lawsuit in either Florida or Louisiana, and whichever attorney you consult can give you their opinion on this based on additional questions they will likely need to ask you. Good luck!

Kristy Belle Guy Zinna

You may need a Lousiana lawyer to deal with that issue, since it occurred there, but there may also be jurisidiction in Florida since you are all from here. This will all revolve around why and how such a video came to be and what it shows. You need to retain a lawyer to address any such issue immediately from several angles.

Mark Theodore Tischhauser

I agree with the advice provided by Mr. Rash.

Nancy Ann Davito

You may be limited to workers comp. Did you file a criminal complaint? Talk to a PI lawyer near you.

Bruce Ward Bain

You should consult with an attorney who has experience handling personal injury cases. In terms of filing a lawsuit, you may typically have options of where depending on where the incident occurred, Louisiana, where the person who assaulted/battered you resides, Florida, or where the trucking company you were employed by has its principal office.

What to do if you are charged with assault?

If you have been charged with criminal assault or battery, you should contact an experienced criminal defense attorney immediately. They will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.

What are the defenses to assault and battery?

The following is a list of defenses that may apply to civil or criminal assault and battery charges: 1 Self-Defense: The most well-known defense to assault and battery is that the defendant was acting in self-defense. This means that the defendant was the person initially attacked by the plaintiff and committed assault or battery to protect themselves. This may also open the plaintiff to a counter-suit for assault and battery by the defendant. Further, a person may also use reasonable force to defend another person in some cases; 2 Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; 3 Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched. For example, if the plaintiff was actively participating in a contract sport or at a sports event where the possibility of being hit by an object was a known risk, such as at a baseball game; or 4 Denial of Elements: As noted above, a victim must be able to prove all of the required elements of an assault and battery. Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What are the elements required to prove civil battery?

In order to succeed in a civil suit for battery, you must typically prove the following elements: That there was a harmful or offensive intentional act made by a defendant; That resulted in a touching or application ...

What happens when a defendant disproves one of the required elements?

Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What are the elements of a civil assault?

The elements that must be proved in order for a plaintiff to succeed in a civil suit for assault are as follows: There must be an intentional attempt or threat to inflict injury on a person.

How long does it take to respond to a civil lawsuit?

This means that you will have to legally respond to a civil lawsuit, once served, typically within 30 days, and deny the charges or assert any defenses available to you.

What happens if you don't plead guilty to a crime?

Finally, if there is no plea bargain a preliminary hearing will be held where a judge will determine whether there is sufficient evidence to charge you with a crime.

Why do you need an assault lawyer?

The risk to your freedom and the cost of fines are the reason an assault lawyer is necessary when you have been charged with an assault crime. You need someone who can navigate the legal system and present the best defense for you.

What is the difference between assault and battery?

An assault is an attempt or threat that makes another person fear being harmed. Many times, a person is charged with a ssault and battery. Battery is the actual physical attack on another person, usually causing injury.

What is aggravated assault?

In addition to those listed below, you may be charged with aggravated assault if the victim suffered a serious injury or a weapon was used in the attack.

What are assault charges?

Assault Charges. Assault charges can stem from a variety of different circumstances, including: A road rage incident. A fight in a bar. A dispute with a neighbor. Domestic violence. A simple misunderstanding that develops into a physical altercation.

What is the difference between a misdemeanor and a felony?

The difference between being charged with a misdemeanor or a felony often hinges on the skills of the criminal law attorney who you have hired. If you have been charged with assault, the first thing you need to do is track down a criminal defense lawyer who is focused on defending assault charges.

Is assault a misdemeanor?

Assault. Depending on where you live, and on the specific circumstances of your case, an assault charge can be a misdemeanor or a felony. Many people do not realize it, but a charge of simple assault can be turned into assault with a dangerous weapon or felonious assault based on just a few small things. The difference between being charged ...

What is the purpose of a civil assault lawsuit?

The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator.

What is the difference between assault and wrongful act?

A wrongful act (intentional or otherwise) usually requires " damages " (injury or harm of some kind) in order to be actionable, and assault cases are no different. In an assault case, damages can include physical injuries and the cost to treat those injuries, lost income, and other more subjective harm. Here's a breakdown of the different kinds of damages that may result from an assault.

What are the elements of assault?

If you are going to file an assault lawsuit, there are a few main elements you must be able to prove: an intentional action on the part of the defendant. the defendant's intention to cause apprehension of harm, and. your resulting reasonable apprehension of immediate harm.

Does liability insurance cover assault?

That's because no liability insurance policy will cover an intentional act like assault, so only the defendant will be on the financial hook. If you sue a defendant who has little in the way of assets, you'll soon find out that winning money in court isn't the same as collecting it.

Is a physical contact considered assault?

The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, the physical contact is usually considered a " battery " in civil law, although both claims are often made together. Learn more about assault and battery as personal injury claims.

Is assault a crime?

Most people likely think of "assault" as a crime, but it's also the kind of wrongful act that can form the basis of a personal injury lawsuit. Here's what you need to know.

Can you get compensation for assault?

Answer. If you have been the victim of a physical attack such as an assault, you have the legal right to get compensation for your medical expenses and other losses. You can do this by filing a personal injury lawsuit alleging that the attacker committed the intentional tort of assault, and you were harmed as a result.

Can the same act be used as a basis for a civil lawsuit?

The same act can serve as the basis for both a criminal action (in which the offender is subject to a criminal conviction and a sentence including imprisonment and the imposition of fines) and a civil lawsuit (in which the victim sues the offender in civil court, seeking money damages as compensation for the harm inflicted by the act).

Why do people file assault charges?

When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, r estraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be.

How to press charges for assault?

How To Press Charges For An Assault. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station , you may call them over the phone. All you have to do to kickstart the process is express that you want ...

What is the difference between assault and battery?

By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed. Battery, on the other hand, is when the aggressor physically harms someone. Both assault and battery can be classified as civil or criminal.

What is assault charge?

Types of Assault Charges. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably.

What is simple assault?

Simple Assault – This is an attempted battery or threat. The aggressor must have the intention of hurting the victim, regardless of whether they do or not. To be considered simple assault, it must be reasonable for the victim to believe that the aggressor was going to harm them. There also must be some sort of harm involved, ...

What is the punishment for assault and battery?

Both assault and battery are criminal acts and are punishable by court. The most common punishments for assault and battery are jail time and fines.

What is the importance of knowing the terms and consequences of assault?

Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file.

What are the recoverable damages in a sexual assault case?

Some of the types of recoverable damages in a sexual assault civil lawsuit may include: Medical care costs. Therapy expenses.

What is the goal of criminal justice?

The goal of the criminal justice system is to identify the individual of a crime and to bring the defendant to justice. Defendants convicted of sexual assault may face penalties such as jail time, fines, and other consequences.

Can you file a civil lawsuit for sexual assault?

You may be able to file a sexual assault civil lawsuit to recover for the physical and psychological harm you endured. This may be true regardless of the outcome of a criminal case, or even in cases where the individual did not face criminal charges.