what kind of lawyer would i need if i am a victim of assault

What does a civil assault and battery lawyer do?

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.

Should I hire a lawyer for an assault charge?

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 should I do if I’m a victim of aggravated assault?

If you have been accused of aggravated assault, you should immediately consult with a criminal defense attorney. Aggravated assault is a serious crime, and carries serious criminal charges and consequences. Generally speaking, the penalties for aggravated assault are the same as they are for a conviction of an average assault and battery.

What can a criminal defense attorney do for me?

Jul 23, 2018 · 01:01. Use Up/Down Arrow keys to increase or decrease volume. Call D. Miller & Associates, PLLC today at 713-850-8600. Our team offers complimentary case reviews. A sexual assault victim lawyer from our firm may be able to help you hold the individual and any other parties liable for sexual assault.

Can you sue someone 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.

Can you sue for assault and battery in Michigan?

If You or Someone You Know Has Been a Victim of an Assault or Battery in Michigan. All too often people can become angered and violent toward others for a variety of reasons, resulting in threats of, or actual, violence. ... Then, you can file a civil claim for Assault and Battery.

Can you sue someone for assault Australia?

If you have are the victim of an assault, you can seek compensation for the damages incurred. Usually there will be state or insurance provided compensation for the victims of assault, however if the claim is substantial, you may need to claim directly from the perpetrators assets.

Can you sue someone for assault UK?

Suing for assault in the UK can be traumatic and emotive. Reliving a disturbing event such as a violent assault is very difficult and you need to be supported through it by a team who understand what the process involves.Oct 19, 2021

How do I get a domestic violence case dismissed in Michigan?

In the state of Michigan, once an individual has been charged with domestic violence or domestic assault, they cannot simply walk away from the situation if the alleged victim decides they want to drop the charges. Only the prosecuting attorney has the authority to drop domestic violence charges against an individual.

Is assault a felony in Michigan?

A Michigan assault charge is a serious crime that carries severe fines and penalties if you are convicted. You could be sent to prison and have a felony conviction on your criminal record.

Can I sue after assault?

You can sue someone for assault with the intent to win financial damages because the act can be both a crime and a tort. A tort is a civil wrong, as opposed to a criminal wrong.

Can you sue for common assault?

Common assault In cases of violence, the legal definition would be 'battery' – even if the victim suffered no physical injury. Assault may be intentional or through reckless behaviour. You can still make a claim for assault compensation regardless of your attacker's intentions.

Can you sue someone for emotional distress in Australia?

In most cases, yes as long as it results from an accident or event in which you were involved, witnessed or are in a close family relationship to someone killed or injured in the accident.Jul 31, 2021

How much compensation do you get for assault UK?

To be awarded compensation from CICA, the injuries you've sustained must be severe enough to warrant the minimum payment amount of £1000. Serious injuries can entail a person being awarded up to half a million pounds, but they must be the most severe types of injury to do so.

Can you get compensation from assault?

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.

How long after an assault can you claim compensation?

The most important things to remember when making an assault compensation claim: You can claim against an individual or through the Criminal Injuries Compensation Authority. You generally have two years to make a claim.

What is the best defense against aggravated assault?

Factual innocence is, by far, the best defense for aggravated assault. However, there are other defenses that may be offered in your state. Some examples of these defenses include, but may not be limited to: Self defense; The defense of others; The defense of property;

What is aggravated assault?

What Is an Aggravated Assault? Assault, according to criminal law, is defined as an intentional act which causes the fear of imminent harmful or offensive touching. Assault is commonly associated with battery, which is defined as an intentional physical act that results in a harmful or offensive touching of a person without that person’s consent.

What are the consequences of aggravated assault?

These consequences could include but may not be limited to: 1 Long term imprisonment; 2 The crime being included in the defendant’s criminal record; 3 Heightened fines; 4 Loss of the right to possess deadly weapons; and/or 5 Other civil liabilities, such as compensating the victim for any injuries or losses that resulted from the aggravated assault.

Why are aggravating factors important?

Aggravating factors are important because they could significantly increase a crime’s penalty. What could constitute an aggravating factor is determined by statute; as such, examples of aggravating factors vary widely according to each jurisdiction.

What is the definition of provocation?

Provocation, or reacting to a perceived threat; No proof of a deadly weapon; The violation of constitutional rights at the time of the arrest; Consent, as in, the victim actually consented to the assault; and/or. Assumption of risk, such as voluntarily and knowingly assuming a risk of harm. Barring factual innocence, the next best defense ...

Is aggravated assault a felony?

Aggravated assault is also referred to as felony assault. Felony assault could be described using the same underlying concept as a misdemeanor assault; in this case, some extra factor is added that causes the crime to be viewed as one that is more severe. As such, the crime carries weightier consequences.

Recoverable Damages in a Sexual Assault Civil Case

Every civil lawsuit is different, and the circumstances of every sexual assault are different. Some of the types of recoverable damages in a sexual assault civil lawsuit may include:

Difference Between a Sexual Assault Criminal Case and Civil Case

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.

Our Team May Be Able to Help You File a Civil Case for Recovery

Our team may be able to help you build a case if you are the victim of a sexual assault, including:

Contact a Sexual Assault Victim Lawyer About Your Case Today

We offer complimentary consultations. Contact a sexual assault victim lawyer from D. Miller & Associates, PLLC today.

Why don't people report sexual assaults?

Many people may not report a sexual assault because they don’t believe that what happened to them is an assault in the eyes of the law or they think the authorities won’t believe them. Others may not report a sexual assault because they are afraid of public scrutiny.

What is sexual assault?

First, sexual assault means any nonconsensual act that is defined by federal, state, or tribal law, even if the victim cannot consent to the sexual activity. Rape and sexual assault are rarely crimes of passion. They are about gaining control over the victim.

Is sexual assault a civil or criminal charge?

Criminal and Civil Claims. While sexual assault is a crime, the burden of proof in criminal court is high. The assault must be proved without a reasonable doubt. However, this crime may also be prosecuted in civil court.

Can you sue your spouse for sexual assault?

Additionally, if you were sexually assaulted, this may have an effect on your spouse. You may be able to sue on behalf of a spouse who suffers from anger, loss of sexual intimacy, fear, and resentment. These feelings cause a rift in your marriage and could even destroy the relationship.

Is it the victim's fault that they were raped?

The most important thing you should know is that it is never the victim’s fault that they were sexually assaulted or raped. Our sexual assault lawyers understand that keeping your case as confidential as possible is necessary.

Do I need a lawyer?

Occasionally, the victim in a pending domestic violence matter may require the advice of an attorney. One circumstance in which the victim may wish to speak to an attorney is if the victim’s Fifth Amendment rights are implicated.

An Invaluable Tool

Ms. Diego works with clients in the Denver metro area and beyond, including Boulder, Brighten, Broomfield, Castle Rock, Lakewood, Englewood, Aurora, White Ridge, Arvada, Westminster, Thornton, Northglenn, Fort Collins, and Colorado Springs.

What does it feel like to be a victim of a crime?

For those who are victims of a crime, it can often feel like the criminal justice system is leaving them behind when it comes to addressing their needs and desires for the outcome of their case.

What is the most frustrating aspect of a crime victim's case?

One of the most frustrating aspects of a crime victim’s case is that the prosecutor will sometimes try and cut a deal with the defendant’s attorney to avoid going to trial. This frequently means the defendant will receive a less severe punishment than if they had gone to trial and been convicted.

What is the Victim's Bill of Rights?

Marsy’s Law (also known as the Victim’s Bill of Rights) states that: It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.

Can a crime victim suffer financial hardship?

It is not uncommon for crime victims to suffer a financial loss or hardship as a result of the crime. This may be due to property damage or loss, or personal injury that required substantial medical treatment.

Can a victim hire their own attorney?

In our experience, few victims are told by the district attorney’s office that, under Marsy’s Law, victims are entitled to hire their own attorney to represent their interests in court.

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 ...

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.

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.

Why is it important to press charges?

However, they should ensure that they follow the appropriate procedures to do so to ensure their safety and the successful convictions of their assailants.

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.

How long does it take to report an assault?

The amount of time you have to press charges for an assault depends on your state’s statute of limitations, which typically ranges from a couple of years to six years. However, it is always advisable to report the crime regardless of how long it has been. The sooner you press charges for the assault, the better the investigation will be.

Is assault a misdemeanor?

The consequence of a simple assault usually results in a misdemeanor. Aggravated Assault – Aggravated assault, on the other hand, is more involved than simple assault. These crimes typically involve the use of a weapon and result in serious injury to the victim.