Assault and battery are serious intentional torts that can result in significant physical and emotional harm. While often used interchangeably, assault is the intentional act of causing a person to fear imminent harmful contact, while battery is the actual intentional, offensive, or harmful contact itself. At Berkowitz & Weitz Law, P.C., we are dedicated to helping victims of assault and battery pursue justice and secure the compensation they deserve.
Understanding the Difference: Assault vs. Battery
- Assault: A threat of force or violence that causes a reasonable fear of imminent harm. No physical contact is required. An example is a bouncer saying, “I’m going to punch you in the face,” causing a patron to reasonably fear a punch.
- Battery: The intentional, unwanted, and offensive physical contact itself. Battery can be direct, such as a punch, or indirect, such as throwing an object that hits another person.
These two torts often occur together, but it is crucial to have an experienced attorney to advise you on which claims to pursue. We handle cases ranging from disputes between individuals to incidents occurring in a bar, club, or restaurant.
How We Build Your Civil Case
In New York, the burden of proof for a civil assault or battery claim is a “preponderance of the evidence,” which is a less stringent standard than in a criminal trial. This means we must prove it is more likely than not that the defendant’s intentional actions caused your injury.
Our attorneys will build your case by:
- Gathering Evidence: We collect critical evidence such as witness testimonies, surveillance footage, and police reports.
- Assessing Damages: We work with medical and financial experts to calculate all of your losses, including:
- Past and future medical expenses
- Pain and suffering
- Emotional distress
- Lost income and reduced earning capacity
The Cost of Legal Representation
We understand that you may be concerned about the cost of hiring an attorney. Our firm operates on a contingency fee basis, which means you won’t pay any legal fees unless we successfully recover damages on your behalf.
Contact Us for a Free Consultation
If you or a loved one has been a victim of assault and battery, you have powerful legal rights. Contact us today for a free, confidential consultation. Our experienced team will review your case, explain your options, and help you take the next steps toward a full recovery.