Assault and Battery are one of the significant legal concerns worldwide. In fact, victims are encouraged to take immediate and necessary actions towards their wrongdoer. According to the Bureau of Justice Statistics, the rate of assault during 2015 in the United States alone was 237.8 cases per 100,000 people. Another question is this, what do you do if you’ve been a victim of assault and battery? How do you handle these cases?
Assault and battery defined
Assault means that an action has been done to frighten someone, wherein the victim expects that the offender will touch or hurt them in a harmful way. Battery, on the other hand, is touching someone intentionally, even without their consent, in any way that is harmful or offensive.
How do you know that you’re a victim of battery?
How do you know that you’re a victim of battery? In this case, there isn’t a need to show a physical injury caused by the incident. Furthermore, take note that battery doesn’t just cover body to body contact but includes objects the offender used against the victim as well.
How do you know that you are a victim of assault?
As stated, assault is where you are threatened with an intent to harm you.
Actions to be taken
You can either press criminal charges or file a complaint and sue in the civil court. However, take note that one is different from the other. Under the civil court, the victim can claim certain damages, and the opposite camp can also contest this claim. On the other hand, if you press criminal charges against the offender, they can be sentenced to imprisonment, pay hefty fines, as well as do community service if convicted.
Kinds of damages you can recover
You can recover two types of damages from the assault or battery- punitive and compensatory damages.
- Punitive damages – Used to punish the offender with any severe and atrocious behavior. Standard punitive damages may be high, but only a few are awarded with this based on the unique circumstance of the case.
- Compensatory damages – Compensatory damages include compensation for the physical injuries incurred during the incident. It also includes anything from mental and emotional distress, humiliation, and pain that it has caused the victim.
Seeking legal counsel
Do you need to seek out an experienced lawyer specializing in assault and battery? Well, if ever you or a loved one is a victim and wish to file a claim to the civil court, your attorney can help you with legal matters as well as help you recover the damages incurred during the incident.
The takeaway
Assault and battery can make a significant impact on a person’s overall well being. That’s why you need to be equipped with the right amount of knowledge, and know what are the necessary steps are to take. Finally, it’s vital to recognize who you should ask for legal advice if you’ve been a victim of assault and battery.
Leonard Wright
Leonard Wright understands that as a writer, one must be able to not just to inform readers of their topics, but to do it in an entertaining and interesting fashion. As such, his pieces as a contributor for Wirth Law Office are not just packed with information, but also injected with Leonard’s creative “flair.” If he’s not writing, he loves jogging during his free time.
About Author
Write a Comment
Only registered users can comment.
