Assault and battery cases are considered intentional torts (wrongs) under United States law. These terms refer to instances of harmful, threatening, or offensive acts that can be committed together or separately, as several states maintain distinct legal definitions for each. Understanding more about assault and battery claims may help you determine what kind of legal options are available to you or a loved one. If you’ve been a victim of assault and battery reach out to the lawyers at Florin|Roebig to discuss the details of your case.
If you are a victim of assault or battery, you’re entitled to pursue legal recourse through filing an assault and battery claim or lawsuit against the perpetrator (defendant). You may be able to receive compensation for physical or psychological damages suffered as a result of the incident.
These legal terms are explained in further detail below, in addition to other information, you may wish to know if you’re planning to pursue legal action for assault or battery.
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Although often considered synonymous, in legal settings “assault” and “battery” are defined separately according to very specific circumstances of threatening behavior, or harmful or offensive contact.
Assault can refer to any instance in which an individual threatens physical harm and has the ability to carry out such a threat. Assault may or may not actually lead to an act of physical violence against a person.
For instance, if you’re in a heated discussion with a person and that person brings up their fist to hit you, but is stopped before they make actual physical contact—that person may still be charged with assault.
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Assault may also be further classified as simple or aggravated assault. The previous example constitutes an example of simple assault. Pressing charges for aggravated assault requires that the defendant had the intention of doing more than just frightening the victim. Aggravated assault may be committed with the intention of robbing, killing, or raping a person and is punishable in all states as a felony.
In contrast, battery requires that physical contact is made by the perpetrator. However, the impact of the contact (i.e. whether there is a resulting injury) is irrelevant.
The legal definition of battery varies from state to state but typically does not require that the physical contact results in severe injury as long as the contact can be reasonably deemed inappropriate or offensive.
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Although battery and assault often go hand-in-hand, they are not always committed together. If you’re unsure of how to define your incident of intentional harm, or an imminent threat of harm, a seasoned assault and battery attorney can help you determine which charge is most appropriate based on the details of your case.
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In the immediate aftermath of an assault or battery, it can be difficult to know what to do next. Incidents of assault and battery can be troubling for a person at their mildest and traumatic at worst.
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Below is a step-by-step guide carefully curated to help you establish and protect your rights after an act of assault and battery:
The number one priority following an incident of assault or battery is to seek safety. Depending on the context of the situation, this may require moving locations to a hospital, police station, or any other environment that removes you from a threat of harm.
If the assault or battery has led to an injury, seek medical attention right away. Even if you are unsure of the extent of your injury, seeking medical care is an important way to ensure that your condition doesn’t worsen. Small injuries, or blows to the head, can become more serious without prompt treatment by a medical professional.
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Before or after seeking medical care, you may also want to contact the police to file a report of the incident. If you’re in a state of still feeling very shaken or disoriented, hospital staff may be able to help you contact the appropriate authorities.
Filing a police report can be useful for proving fault later on in the event that you choose to file an assault and battery claim against the perpetrator.
One of the most important steps in determining and advocating for your rights following an act of assault or battery is getting in touch with an experienced assault and battery attorney. An attorney can help you determine your legal options and provide efficient legal representation on your behalf as you consider your next steps.
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Experiences of assault and battery can be very overwhelming. This can make it difficult for a person to organize their thoughts as they consider the legal steps they can take against their perpetrator.
An attorney can help guide you through this process, with the benefit of expertise, compassion, and understanding on their side to give you space to focus on your physical and emotional recovery.
Not every person is immediately sure of what they want to do in the aftermath of a violent or otherwise threatening incident. Getting in touch with an attorney can offer you an informed perspective on your legal options. It’s up to you to determine whether you wish to file an assault and battery claim against the perpetrator to receive compensation for damages.
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The events that lead to assault and battery cases can vary according to personal circumstances and a victim’s relationship to the offender. In domestic disputes between relatives, partners, or spouses, for instance, the full picture of the incident may be layered and complex.
If the perpetrator is a stranger, such as a person you came across at a restaurant, sports game, or party—the events leading up to the instance of assault and battery may be less muddled, if nonetheless upsetting.
Determining when or if you have enough support to file an assault and battery claim can be a challenging task to face alone. If you’ve experienced verbal or physical violence at the hands of another person, you may be entitled to receive compensation for physical or psychological harm.
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The most important element you have to prove in the event that you decide to file a claim is that you’ve suffered damages as a result of the harmful or offensive act.
Contacting an attorney who has experience in handling civil and criminal cases involving assault and battery is the best option available to help you determine your options.
Laws concerning assault and battery charges can vary by state. While some states consider assault and battery to be two separate charges by definition, in other states they may be converged into a single type of criminal charge or claim.
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Assault and battery lawsuits can be filed as civil, criminal, or both, depending on the nature of the incident. Filing an incident as a civil or criminal charge can impact your responsibility for legal fees, criminal conviction requirements, recoverable damages, and the sentence received by the defendant.
One shared requirement for civil and criminal cases is proof that the offender was the direct cause of the assault or battery, and was not lawfully provoked—a distinction that is explained in greater detail below.
In some states, charges may be more serious for incidents that lead to severe or permanent injury, or meet the criteria for aggravated assault and battery. This typically involves serious threats of physical harm and may involve the use or threat of a deadly weapon.
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The statute of limitations in an assault and battery case refers to the deadline a victim has for beginning the process of filing a claim or lawsuit. This deadline can vary by state.
In Florida, for instance, the statute of limitations for personal injury claims for assault and battery is four years. However, this may not apply to individuals in all states nationwide.
Not every instance of violence or threatening behavior can necessarily lead to a charge of assault and battery. There are certain situational factors that can impact the likely success of a claim or lawsuit and affect how your case is perceived under your state’s laws.
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There are some settings in which assault or physical contact can be reasonably deemed consensual, by nature of context. For instance, if you are walking through a large crowd of people and get bumped around, this is not by itself going to make for a reasonable case of assault or battery.
Another example of implied consent may be a situation where you are playing a contact sport, and can thus reasonably expect the possibility of being on the receiving end of physical contact, either by a person or object.
There are select persons that can be exempt from facing consequences for battery, under the right circumstances. A prominent example is police officers, who may deem it necessary in appropriate situations to use force to place a person under arrest for a suspected crime.
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Individuals who commit assault or battery as an
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