Personal Injury Law

Assault and Battery

Assault and Battery

Work with an assault and battery attorney.

Many people assume that assault and battery are the same thing. Assault and battery, though they often occur within a single incident, are two separate and distinct crimes. In certain jurisdictions, assault and battery are often paired together as one offense, based on the assumption that when someone commits battery they usually have the intent to assault; assault being the intention to do harm and make threats prior to committing the physical act.

A case of battery requires that one individual (the offender) makes intentional and harmful or offensive contact with another (the victim), and that the victim did not consent to this contact. Keep in mind that it is not necessary that the victim is physically harmed or injured, only that the offender intended for it to take place.


What types of damages can I seek?

If you have been the victim of an assault and/or battery, damages you seek may be compensatory or punitive. Compensatory damages are intended to compensate you for the losses you have suffered as a result of the assault/battery. These damages may include:

  • Current and future medical expenses
  • Loss of income
  • Loss of future earning capacity
  • Pain and suffering (physical and emotional)

Punitive damages, on the other hand, are intended to punish the defendant, as well as to deter others from engaging in similar behavior in the future. In order to seek punitive damages, there must be proof that the defendant acted with malice and set out to deliberately injure the victim.

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