answersLogoWhite

0

There are two concepts here: the Criminal offense of "Assault and Battery", and the Civil tort of "Damages from Assault" (the latter may have a different name in your jurisdiction).

The Criminal offense case is determined by the local district attorney (after an investigation by the police), and is a criminal case of the State vs the defendant (who committed the A&B). You, the victim, are evidence in the State's case. The outcome of a conviction here is that the perpetrator of the A&B may have to (a) serve jail time (b) serve community service (c) undergo various therapy classes (e.g. anger management, etc.), and/or (d) pay monetary damages to the victim. The exact details of the punishment are left to the judge to decide, based on the circumstances of the case.

The Civil tort (lawsuit) pits the victim of the assault as the complainant and the perpetrator of the assault as the defendant. The victim should retain a civil lawyer who specializes in civil injury claims, who will help press your case in Civil court. Likewise, the defendant should retain the services of a civil defense lawyers who specializes in personal injury law. A "win" in the suit will generally result in only one thing: money to be paid from the defendant to the plaintiff.

There is a third option in most places: sue in Small Claims Court, if your damages are within fairly low limits (which vary by jurisdiction). It proceeds in the manner described in the preceding paragraph, but the procedure in Small Claims Court is less formal.

User Avatar

Wiki User

10y ago

What else can I help you with?

Related Questions

What is the sentence for assault and battery in California?

What is the sentence for assault and battery in california ?


Can you sue for vehicle assault?

Yea


Can you sue if someone intentionally hits you?

Yes, you can sue someone who intentionally hits you for assault and battery. You may be able to seek compensation for any medical expenses, pain and suffering, and other damages resulting from the incident. It is advisable to consult with a lawyer to understand your rights and options.


Assault or assault and battery what it mean?

'Assault' (sometimes called "simple assault" is an assault by unwanted touching using your hands or fists. 'Assault and Battery' means an unwanted touching using your hands using some striking object.


Can a person be arrested for assault and battery?

Absoultely. Assault & Battery is actually a felony offense in many/most jurisdictions.


Assault and battery in WA?

This is gay.


Economic impact of assault and battery in today's society?

Assault and battery charges can cost tax payers money. The reason for this is many assault cases must go to trial.


Does assault have to include contact?

No, assault does not necessarily have to include physical contact. Verbal attacks, threats and general harassment are all forms of assault. If contact is made, then it becomes battery, which is a separate charge often heard in tandem with assault. (Assault and battery!)


Is a assault and battery a misdemeanor in Oklahoma?

Depends on the circumstances. Take a look at the link for the actual punishments versus the type of assault and battery.


Assault and battery on a police officer?

Assault and Battery on a Police Officer is a serious criminal offense. There is a common misconception about Assault, and I'll explain this here. Assault is not the unlawful touching of another person, that is Battery. Assault is to provoke fear in someone that you may batter them (hit them). If you've been charged with Assault & Battery on a Police officer, it would be suggest that you seek legal counsel to protect your rights.


What can i sue for if im harassed and threatened and my car is vandalized?

Assault and vandalism.


What is the crime committed if a Person was kick and gun point at him?

Depends on the penal code where it happened. Could be assault, assault and battery, battery, attempted manslaughter, attempted murder, simple assault, aggravated assault, assualt against a minor, etc..