Ventura Assault & Battery Injury Lawyer
Have you been the victim of assault or battery? Do you feel as though your human and civil rights have been violated? If so, the Ventura assault and battery injury lawyers at the Law Offices of Bamieh and De Smeth might be able to take your case and help you file a civil lawsuit against the person that harmed you. Even without serious injuries, you may be entitled to compensation if someone violated your personal space or put you at risk by assaulting or battering you.
With an extensive background in personal injury law and criminal defense, we can draw from our legal knowledge to help you put forth the strongest legal arguments available. Although it can be ideal to keep a client out of court, we are not afraid to take your case to trial to prove your injuries if necessary. To schedule a free legal consultation with our Ventura assault and battery victim lawyers, call (805) 643-5555 today.
Civil vs. Criminal Cases for Assault and Battery
If you are the victim of assault or battery in California, you have more options than simply taking your case to the police. While you should always report any crime to the police if you have been attacked or threatened, the criminal justice system’s focus is to arrest and punish perpetrators, not help the victims.
As a victim, you may have certain rights in the criminal justice system. For instance, police may follow your instructions if you do not want to “press charges,” but the final call on whether the defendant faces criminal charges or not comes from the prosecutors in the case. As a crime victim, you may also be entitled to some “restitution” – money paid to victims to cover hospital bills and other expenses.
However, to get your injuries fully compensated, you may need to take the defendant to court in a civil case. Civil lawsuits, also known as tort lawsuits, give you the right to claim damages for any harms you faced because of the accident.
When you file a civil lawsuit against the person who assaulted or battered you, you can claim damages for medical expenses, lost wages, and pain and suffering you faced because of the attack. If the person who harmed you committed multiple assaults or violated restraining orders and other protective orders, you may be entitled to punitive damages as well. A defendant can be ordered to pay the victim additional punitive damages to punish them for their wrongdoing, and these damages are separate from the compensation you get for medical care and other damages.
Suing for Assault and Battery in California
While assault and battery may be crimes, they are defined separately when filed as part of a civil lawsuit. These definitions are very similar to the criminal definitions of assault and battery in California, but many victims may be unfamiliar with these definitions.
Assault is defined as an attempt to touch another person in a harmful or offensive manner. To prove that someone assaulted you, your lawyer must prove each of the following elements:
- The defendant acted with the intent to touch or harm you
- You reasonably believed you would be touched or harmed
Alternatively, threats or false attempts to strike you (such as someone cocking their fist back without the attempt to throw a punch) can also qualify as assault if you honestly believed you might be hit. You can also sue for assault if the defendant never actually touched you but did try to touch you.
Battery is, instead, actual contact that was harmful or offensive. You must prove the following elements to win a lawsuit for battery:
- The defendant acted with the intent to touch or harm you
- You did not consent to the touching
- You suffered harm or offense because of the touching
In most battery cases where you see the attack coming, there can also be allegations of assault. However, there cannot be allegations of battery unless you were actually touched or struck, and there cannot be allegations of assault if you did not see the attack coming.
In some cases, the circumstances of the assault or battery might block a case for one of these intentional torts. Some physical contact with others is reasonably expected under some circumstances, and you may not be able to sue for things like being bumped into at a concert or having your hand shaken at a business meeting. Additionally, if you consented to the touching, such as a medical examination or minor roughhousing while playing sports, you may not be able to sue for battery. However, other types of offensive touching or harmful strikes outside what you consented to can still lead to an assault or battery lawsuit.
Contact Our Ventura, CA Assault and Battery Injury Victim Attorneys Today.
If you are the victim of assault or battery, you may be able to take legal action against the person or people who harmed you. Our Ventura assault and battery injury attorneys can guide you through this process. Contact our law firm any time to schedule your free initial case evaluation and to get started on your injury case. Our phone number is (805) 643-5555.
