Personal Injury Law

Assault and Battery

Assault and Battery

Work with an assault and battery attorney.

Many people assume that assault and battery are one and the same. Though they can occur within a single incident, assault and battery 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 involves an offender making intentional and harmful or offensive contact with a victim who did not consent to the contact. Keep in mind that the victim does not need to be physically harmed or injured for battery 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.


Additional Information sexual assault & battery.

Survivors of sexual assault and abuse can, and often do, file civil lawsuits against their attackers under the legal theories of assault and battery, false imprisonment, and intentional infliction of emotional stress. Third parties, such as employers, businesses, and premises owners have been found to be liable for their negligence in allowing this behavior to happen based on a lack of security protocol or inadequate hiring and/or employee retention policies.

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