ASSAULT & BATTERY
Assault is an act performed intentionally in order to cause a reasonable fear of harmful and imminent contact. That is, a person does something with the intention of making the victim believe he or she was about to touched in some way; the threat “I’m going to punch you in the face” could be enough to sustain an assault claim. It is notable that with assault, no actual touching need take place in order for there to have been an assault — a threat can be enough to sustain such a claim so long as the person on the receiving end had a reasonable belief that he or she would be harmed. Indeed, if actual touching has taken place, you are most likely looking at the tort (and crime) of battery. Battery is an act performed intentionally in order to make offensive or harmful contact with another. The action may be direct and immediate (punch in the face); indirect and immediate (a thrown object that hits another person); or indirect and remote (creation of a dangerous condition that injuries someone thereafter).
Again, with battery, the victim does not have to be physically injured so long as the contact is unwanted or offensive and that the act was intentional on the part of the aggressor. Assault and battery often go together, but not always, so it is important that you receive solid legal advice on which claim or claims to pursue. An experienced personal injury attorney in your area could assist you with this process.
Do I have a valid assault and battery case?
Any potential personal injury deriving from assault and battery requires a detailed understanding of the facts, the processes, and the law. If an incident has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit.
Please call us for a free consultation and we will be happy to discuss any potential case with you.