Assault and Battery

What to Do If You Have Been the Victim of Assault or Battery

Although commonly termed together, assault and battery are two different civil and criminal violations.

Assault can be defined as an intentional act to cause another person to fear that she is about to suffer physical harm. Assault charges can be filed even if the victim of the assault is not physically harmed, but only put in a state of fear to believe that they will be. For example, if someone chased you down with a knife but never actually made contact to you – that can be considered assault.

Battery is an unjustified harmful or offensive touching of another. In this case, the person chasing you down with the knife does make physical contact to you with the knife, causing you harm.

It is possible to have an assault charge without battery, and a battery charge without an assault. However, in most cases, battery follows an assault. Each state is different in the classification, definition and how charges are brought in assault and battery cases. The personal injury attorneys at Eltringham Law Group are well versed in assault and battery cases and the complexities that may be encountered. It is important to have our team support and guide you through this process.

Types Of Assault And Battery

  • Simple assault – no weapon and minor injuries
  • Aggravated assault – against vulnerable persons such as elderly or pregnant women, including the use of a weapon or intentions to do extreme harm.
  • Sexual assault – any kind of unwanted sexual activity
  • Domestic violence – harm done within the home, typically involving a spouse or partner
  • Fist fights
  • Robbery
  • Intentional frightening

Filing An Assault and Battery Claim

As a victim of an assault and battery case, you are able to file both civil and criminal claims in the legal system against any and all those involved in your case.

For criminal charges, an official police report should be made regarding the incident, and the local District Attorney’s office would have to file a claim for these charges.

For civil charges, our attorneys at the Eltringham Law Group will be by your side every step of the way through the legal process. We will thoroughly investigate your situation and bring civil charges against any and all persons responsible for the assault and battery against you or your loved ones.

Defenses To Assault And Battery Charges

If you are a victim of an assault and battery case, there are several common defenses that the alleged assailant can make, which is why you need the proper representation from our personal injury attorneys to help fight your legal claim.

Some common defenses against assault and battery charges include:

  • Self defense
  • You were provoked
  • The altercation was mutual
  • The contact was accidental

We understand that the complexity of assault and battery cases are mentally, physically and emotionally exhausting. The attorneys of the Eltringham Law Group are compassionate to your situation and respects the sensitivity in the details. We are here to guide you through the legal process while treating you like a member of our own family. We will not rest until justice is righteously provided to you. You can count on the team at Eltringham Law Group to support you in every aspect of your situation, at all times. We are always just a phone call away for any guidance or questions you may have.

What to Expect Following An Assault and Battery Case

When you choose the Eltringham Law Group to represent you in an assault and battery case, here is what you can expect to happen:

  • We offer free consultations so you can get all your questions answered and can spend time talking directly with an experienced attorney about your rights and expected outcomes.
  • Leave all the work to us. We will be in contact with doctors, hospitals, witnesses, police, attorneys and anyone else necessary to settle your claim. We will thoroughly investigate your situation and will build a solid case to get the justice you deserve.
  • You focus on you. Whether you are still recovering from injuries or are simply dealing with the stress and anxiety that is common following an assault and battery case, now is the time to focus on your own needs while you leave the details of your case in the hands of experienced attorneys that will get the job done right.
  • We work on a contingent fee basis. This means that you don’t need to pay up front in order to have our injury attorneys work on your case. We don’t get paid unless we recover a financial settlement or jury award for you.

To schedule your free case review or for more information about assault and battery cases, contact the Eltringham Law Group at 561-338-0420.

Common Legal Questions About Assault and Battery

Assault can be defined as an intentional act to cause another person to fear that she is about to suffer physical harm. Assault charges can be filed even if the victim of the assault is not physically harmed, but only put in a state of fear to believe that they will be.

Battery is an unjustified harmful or offensive touching of another. Battery does not require the victim to be in apprehension of harm.

It is possible to have an assault charge without battery, and a battery charge without an assault. However, in most cases, battery follows an assault.

  • Simple assault – no weapon and minor injuries
  • Aggravated assault – against vulnerable persons such as elderly or pregnant women, including the use of a weapon or intentions to do extreme harm.
  • Sexual assault – any kind of unwanted sexual activity
  • Domestic violence – harm done within the home, typically involving a spouse or partner
  • Fist fights
  • Robbery
  • Intentional frightening

If you are a victim of an assault and battery case, there are several common defenses that the alleged assailant can make, which is why you need the proper representation from our personal injury attorneys to help fight your legal claim. Some common defenses against assault and battery charges include:

  • Self defense
  • You were provoked
  • The altercation was mutual
  • The contact was accidental