what kind of lawyer do i need for assault

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.

Full Answer

Do I need a lawyer for an assault charge?

Nov 08, 2017 · What Kind Of lawyer do I Need For Personal Injury By Assault. November 8, 2017. September 20, 2019. Skyler Vasquez Law. A good injury lawyer to represent you well in bringing a case against a person who has caused harm to you is incredibly important according to farzam law. First, you need to understand very well on the reason why need a personal injury attorney.

What does a civil assault and battery lawyer do?

Jun 04, 2015 · Please know we cannot contact you directly. After viewing your options by using the find a lawyer tool, you will need to call an attorney to schedule an appointment. I am very sorry to learn you were assaulted and good luck with your claim.. I am very sorry you were injured. No communication here is intended to establish an attorney-client ...

What do I need to file an assault lawsuit?

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 distress, or pain and suffering.

What is assault in law?

Apr 02, 2019 · 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.

How do I decide what kind of lawyer to get?

Can you sue for assault in Canada?

Is simple assault a felony or misdemeanor in NJ?

Can I sue someone for battery Florida?

Can I get compensation for being assaulted?

What is the punishment for assault in Canada?

How do you beat a simple assault charge in NJ?

Can simple assault charges dropped NJ?

How do I drop charges against someone in NJ?

What is the difference between assault and battery?

Does assault have to be physical?

Can you sue for physical assault Florida?

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.

Can assault and battery be civil?

Because they are both torts, an assault or battery may serve as the basis for a civil lawsuit. However, every state also has criminal statutes for assault and battery. This means that both acts can result in prosecution by state courts, which may result in fines and jail time for the aggressor. Although both civil and criminal assault ...

How to prove battery?

Unlike assault, battery requires the defendant make physical contact with the victim. Similarly to assault, the elements required to prove civil battery are typically the same as for criminal battery. In order to succeed in a civil suit for battery, you must typically prove the following elements: 1 That there was a harmful or offensive intentional act made by a defendant; 2 That resulted in a touching or application of force to another person; and 3 Without that person’s consent or permission.

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.

Is assault a battery?

Many jurisdictions define assault as an attempted battery, or as the intentional creation of a fear of imminent harm in the victim. Thus, battery charges are almost always brought concurrently with assault into a single charge or claim, often referred to as assault and battery. However, different elements must be proven by the victim for each claim.

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.

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 ...

Is assault a felony?

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 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.

What is domestic violence?

Domestic violence. A simple misunderstanding that develops into a physical altercation. Regardless of the circumstances that prompted assault charges against you, it is always in your best interests to retain an attorney who has a track record with defending those accused of assault.

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.

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.

Can you file a civil suit for assault?

Assault and battery are distinct but related offenses that can cause severe trauma for the victim. Although these acts often lead to criminal proceedings, it’s also possible to file a civil suit against the defendant. If you were the victim of assault or battery, it’s important that you consult with a personal injury lawyer to discuss your legal ...

Can you seek legal recourse for assault?

The good news is, if you were the victim of assault or battery, you can seek legal recourse with the help of a Morgan & Morgan attorney .

What are the different types of assault?

Assault and battery are often conflated. Here is what differentiates one from the other: 1 Assault: An assault occurs when one person threatens or intimidates another person. The transgressor doesn’t need to act — the victim simply needs to feel an imminent threat. 2 Battery: Battery takes place when one person physically harms another person. It involves intentional contact that is against the will of the victim. The contact can be direct (such as a shove) or indirect (such as a thrown object).

Can assault and battery be a civil suit?

Although these acts often lead to criminal proceedings, it’s also possible to file a civil suit against the defendant.

What is the difference between assault and battery?

Assault: An assault occurs when one person threatens or intimidates another person. The transgressor doesn’t need to act — the victim simply needs to feel an imminent threat. Battery: Battery takes place when one person physically harms another person.

What is the burden of proof in civil cases?

The burden of proof in civil cases is lower than in criminal trials. In criminal court, the defendant must be found guilty beyond all reasonable doubt. Intentional torts such as assault and battery do not require the plaintiff to meet this standard.

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.

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.

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.

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 is punitive damages?

Punitive damages for assault are designed solely to punish the assailant, and are only available in certain jurisdictions and under certain circumstances. As a general rule, an assault must be particularly outrageous or egregious to trigger the possibility of punitive damages.

What is the purpose of a civil lawsuit?

The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator. If the person who assaulted you doesn't have significant assets, there may not be much to recover, even if you're "awarded" a high amount in court.

What is economic damages?

Economic damages are designed to reimburse you for any costs and expenses associated with the assault. Common components of economic damages include medical bills (including cost of future care) and lost income.

Jessica Ann Foley

I would suggest you do need a lawyer. This sounds like it could get messy. If you can't afford a lawyer, and qualify, they will appoint counsel for you at court. Otherwise, you should hire your own.#N#A lawyer can guide you through the system. You wouldn't remove your own tonsil...

Gregory Casale

Do not be mislead that because Assault & Batery is a misdemeanor, that it is an insifnificant charge. I would seriously consider seeking the funds for a good private criminal attorney. You will not be allowed to simply go into the court and tell them your story. You really only get to tell your story if you go to trial.

Henry Lebensbaum

I agree.#N#If you cannot afford an attorney, the court will appoint one.