what to ask a lawyer about assault case i filed

If the assault took place in the workplace, an attorney can help you: Collect all evidence needed to prove liability (police reports, medical reports, eyewitness statements, video photo surveillance, etc.) Assess all damages related to the assault

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Do I need a lawyer to file a civil assault claim?

Self-defense can be used as a defense when a person is charged with assault in cases where they have used more force than was reasonably required to prevent an injury or loss. Forms of Assault. Assault with a deadly weapon: Includes the use of a weapon or object that can be used to severely injure another person.

Can a victim of assault and battery file a suit?

Aug 10, 2017 · Ask about any fees and costs associated with their service, and the case in general, as well as potential reduced costs if your case is mostly being handled by paralegals/legal assistants. What Percentage of the Practice Is …

How do I file charges after an assault?

Sep 11, 2012 · For a more definitive answer about whether you can "still file for assault" you might want to re-ask your question and select "Criminal" as the Category rather than "Injury." With regard to your sister-in-law "slandering" you name you could sue her if you are truly being "slandered."

When should you hire a civil assault and battery lawyer?

Dec 31, 2011 · Domestic Violence is a crime against the state. For this reason, when the police are involved, it is up to the District Attorney assigned to the case to decide whether or not to press charges - not the victim. It may be possible to have the case thrown out or the charges dropped if the victim decides not to be a cooperating witness.

What to ask a lawyer before accepting their services?

It is also important to discuss billing with your lawyer before you accept their services. Ask about any fees and costs associated with their service, and the case in general, as well as potential reduced costs if your case is mostly being handled by paralegals/legal assistants.

What is the most traumatizing crime?

Assault and battery can be one of the most traumatizing and heinous crimes – being attacked and injured in close quarters by a stranger or a friend can change your notions of safety and security, and may introduce trauma.

Is assault and battery a complicated case?

Like any aspect of the law, assault and battery can be complicated – cases can arise where the limits of the law are tested, and difficult judgment must be made. However, with a good legal advantage at your side, you can save yourself years and even decades of pain by getting your best shot at real justice in the court of law, ...

Do you need a lawyer for assault and battery?

Most practices have several specializations, and the more experienced your lawyer is, the safer you may feel in their hands. However, you do not need to rely on a lawyer who solely dedicates themselves to assault and battery cases, especially if yours is a case your lawyer may consider to be straightforward.

Can you sue a child for a child's injury?

It is perfectly fine to sue on behalf of your child – but if the liable party in question is another child, then liability may depend. Children may not be held liable for causing another person injuries, depending on the context of the case, and the age of the child.

Is domestic violence a criminal case?

While domestic violence is a criminal issue – meaning, a prosecutor would fight on your behalf and on behalf of the city to send your attacker to jail – it can also be a civil issue, ...

Is it a good idea to prepare yourself mentally for what is to come?

It is a good idea to prepare yourself mentally for what is to come by getting a more concrete idea of what may happen. Lawyers are not fortune tellers, but their expertise should help them give you an informed answer as to the possible outcomes for your case, and the types of compensation you may possibly receive.

What to do if you are a victim of domestic violence?

If you are the victim of domestic violence and you do not want to press charges on the case you need to talk with the district attorney. The district attorney does not require you to aide them in the prosecution of the case, however they will take your wishes into account. Report Abuse. Report Abuse.

What happens when a criminal complaint is filed?

Once a criminal complaint has been filed prosecution of the charges is entirely in the hands of the state. Criminal cases are prosecuted as though the state has been injured. At this stage you are only a witness. Any statements you or hospital personnel made to the police will be used as evidence. Your only choice is whether or not you will testify. The court may compel you to take the stand.

What happens if a man is found guilty of a crime?

If he has done this to you he is likely to commit similar crimes against others. If he is found guilty, he belongs behind bars. That is my answer.

What does it mean when your boyfriend says he is being charged?

You have no ability to have the charges dropped. Your boyfriend is being charged criminally, which means that he is being charged by the state with a crime. You are the victim/witness of that crime.

What happens if you are beaten with a bat?

If you were beaten with a bat and choked, there are recognizable injuries, and the police took photos of the injuries, the prosecutors may be reluctant to dismiss the charge. If your boyfriend has a criminal past for this type of behavior then the prosecutor may force you to testify. Report Abuse. Report Abuse.

Why are women not so lucky?

You are lucky to be alive, many women are not so lucky because when the violence escalates to this level death is usually not far away. The crime he committed is against the state, you are a victim and witness and therefore are not able to have the charges dropped.

Can you file a reluctant witness affidavit against the DA?

You can talk to the DA and tell him you don't want to prosecute. He may allow you to file a reluctant witness affidavit and drop the charges. The next time he beats you (and there will be a next time) the DA might or might not accept the charge. Report Abuse.

How to testify against an assault charge?

Testify on your own behalf. If necessary, take the stand yourself and tell the story of the incident from your point of view. Sometimes, with assault charges, you may be your greatest defense. Intent is a major element of assault, and it deals with thoughts in your own head.

What happens if a man charges you with assault?

The man refuses to back off and you nearly have to punch him, but security intervenes and drags him out. If that man later charges you with assault, you have several possible defenses. If his assault charges include the drink being spilled, you obviously do not have the requisite intent because that was an accident.

What happens after the prosecutor presents the case?

After the prosecutor presents the state's case, you will have the opportunity to present your case and have witnesses speak about your side of the story. As with the witnesses for the prosecution, the prosecutor also has the opportunity to cross-examine your witnesses.

What is the purpose of analyzing evidence?

Analyzing all the evidence the prosecutor has of the crime will help you find areas where you can raise reasonable doubt. This is the part of criminal procedure known as discovery, and as the defendant, you are entitled to see all evidence the prosecution has and intends to use against you.

What is the burden of proof of a prosecutor?

Understand the prosecutor's burden of proof. The prosecutor must prove that you are guilty beyond a reasonable doubt, which is a very high standard. You do not have to prove that you didn't do anything.

What does it mean to be guilty of assault?

In any jurisdiction, to be guilty of assault, the prosecutor must show that you were acting in a deliberately threatening manner that gave the other person a reasonable fear of immediate bodily harm. That fear cannot be a result of your general reputation, or because of a past event.

What is the biggest issue in assault?

The biggest issue is intent: You must intend to cause someone harm to be guilty of assault. Your defenses fall into two major groups: either you argue you didn't commit the offense at all, or you argue that you did commit the offense, but it was for a good reason. Steps.

What is civil assault?

Civil assault claims are private lawsuits filed in connection with an incident of assault . Under tort laws, assault is defined as any act that causes a “reasonable apprehension” of immediate harm or offensive contact to the victim’s person. Thus, under civil tort laws, the victim doesn’t actually need to be physically struck in order ...

What are the most common defenses in a civil case?

Yes, the most common defenses are: Self-Defense: The defendant was attacked by the plaintiff and the defendant committed assault to protect him or herself. This defense also opens the plaintiff to a counter-suit for assault and battery in return.

What does it mean when a plaintiff feels fear or anxiety?

In other words, the plaintiff felt fear or anxiety that physical harm would happen to the plaintiff very soon after the defendant’s threat. Second, assault charges in civil and criminal cases require that the plaintiff prove that it was the defendant’s action which triggered the reasonable apprehension of harm.

What is the difference between civil and criminal law?

Civil law requires that the defendant either meant to cause apprehension to the plaintiff or that the defendant should have know that his or her actions would cause apprehension to the plaintiff. Criminal law, in contrast, requires that the defendant meant to commit battery, or physical injury, to the plaintiff.

What is privilege in a defense?

Privilege: The defense has a limited right to commit assault in certain contexts. For example, when a police officer attempts to place a suspect under arrest. Consent: The plaintiff consented to be placed in a position where the plaintiff would be assaulted.

Is the defendant an accessory?

The defendant must be seen as the cause of the assault, not merely an accessory. Finally , both civil and criminal law require that the defendant either meant to cause harm to the plaintiff or should have known that the defendant’s action would cause the plaintiff to fear imminent harm.

What is the requirement to be liable for assault in California?

To be liable under California’s assault law, the defendant must also have: Been aware that a reasonable person would have believed the threat, and. Had the ability to apply force to the other person. 1. In other words, the threat must have been credible.

How long can you sue for assault and battery in California?

In general, California’s statute of limitations to sue for assault and battery is two years from the date of the injury. However, especially in cases in which the extent of the plaintiff’s injuries is clear, it is often beneficial to file suit earlier, while memories are fresh. 9.

What is punitive damages?

Punitive damages are available in assault and battery cases when the defendant acted with “fraud,” “malice” or “oppression.” 4. Generally, these terms mean that the defendant either: Injured the plaintiff intentionally, or. Acted with a conscious disregard of the plaintiff’s rights. The burden of proof for punitive damages.

What are the defenses to assault and battery?

The main defenses to civil charges of assault and/or battery include (but are not limited to): The defendant did not threaten or use force against the plaintiff. The plaintiff initiated or escalated the incident. The plaintiff was not scared (or a reasonable person would not have been scared).

Why did Joseph sue Kevin?

Joseph sues Kevin for assault and battery and asks for punitive damages. The jury does not award them because Kevin was not acting with a disregard for Joseph’s rights. But… if Kevin had waited outside Joseph’s house later that night and hit him with a baseball bat, the result would likely be different.

What acts can form the basis of a civil lawsuit for assault and/or battery?

Acts that can form the basis of a civil lawsuit for assault and/or battery include (but are not limited to): Simple assault, Simple battery, Battery causing serious bodily injury, Assault with a deadly weapon (“ADW”), Vehicular assault, Sexual assault, Sexual battery, or. Domestic violence.

What is the burden of proof for punitive damages?

The burden of proof for punitive damages. The right to punitive damages must be established by “clear and convincing evidence.”. California law does not specifically define this term. But it is a higher burden of proof than “preponderance of the evidence.”.