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Special Causes of Injuries

Assault / Battery / Shootings

Batteries, Assaults, and Shootings

August 08, 2008

Most acts of violence give rise to both criminal and civil causes of action.  Criminal causes of action are brought by district attorneys on behalf of the state and, if convicted, could lead to incarceration, probation, or restrictions on freedom and privileges.  Civil suits, on the other hand, are brought by the injured party (or attorney) on his or her own behalf.  If convicted, the defendant is typically required to compensate the plaintiff for injuries that were caused by the defendant's behavior.

The definitions of assault and battery vary slightly between civil and criminal arenas. Under California civil law, battery is defined as an intentional act which causes harmful or offensive contact.  The contact must be without the consent of the person harmed or offended.  A simple example of a battery is a peaceful argument that suddenly escalates into violence when one person decides to punch the other and makes contact.  A more complicated and less intuitive example of a battery is a medical procedure performed without the patient's consent.

Assault is defined as an intentional act which causes reasonable apprehension of imminent harmful or offensive contact.  As with battery, the contact must be without consent.  In other words, whereas the victim of a battery is actually harmed or offended by contact, the victim of an assault only fears being harmed.  The law requires that the fear be reasonable and imminent.  For example, if in the example above, the person throwing the punch swung and missed, the victim could not claim that he was harmed or contacted offensively since no actual contact occurred.  Instead, the victim would claim that he or she feared being harmed.  Assault could be thought of as an attempted or incomplete battery.

Victims of batteries or assaults may sue for their past and future medical bills, lost wages, loss of earnings, as well as physical pain and mental suffering.  In some cases, a plaintiff may be entitled to recover punitive damages.  If you think you may have been the victim of a battery or assault, contact the Law Offices of Zuber & Taillieu LLP.  An experienced attorney is knowledgeable with the issues involved in these types of injuries, as well as how to ensure your future costs are adequately compensated.

 
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