What is considered an assault?
In the legal world, the crime of assault is usually referred to in conjunction with the crime of battery, though this is not always the case. It’s important to understand the differences between these two charges and which crimes may apply in your scenario. A personal injury lawyer will be able to provide clarity after a review of the details surrounding your case. Generally speaking, an assault is when someone (the perpetrator) causes another person to believe that they are at serious risk of being harmed by the perpetrator. Examples of assault include a verbal threat of violence or a physical stance or manner that suggests physical harm is about to come to the victim. Assault is a criminal charge, and if brought against an individual it is done so by a law enforcement officer or a prosecutor. Because it is a criminal charge, it is not possible for a private citizen to personally charge the perpetrator with this crime. However, under some circumstances they have the right to pursue civil litigation against the perpetrator with the help of a personal injury lawyer. More on this in a moment.
What is considered battery?
In the legal world, the crime of battery is one that involves the perpetrator causing actual physical harm to another person. As with assault, battery is a criminal charge that cannot be brought by the victim against their assailant. However, if the victim is injured physically, mentally, or emotionally by the perpetrator, they have the right to pursue civil litigation against the perpetrator with the help of a personal injury lawyer.
What can I expect if I win a lawsuit against the perpetrator?
If criminal charges were filed against the perpetrator for assault and/or battery, they may or may not go to trial. Many charges are resolved in plea bargains or a dismissal of the charges. Regardless of how the charge is resolved, or even if no charge is brought against them, you may have grounds for a civil personal injury lawsuit with the help of a Newark personal injury lawyer, such as from Rispoli & Borneo, P.C. Should you win your lawsuit, you will be eligible to receive compensation for your damages. The amount of compensation is typically in direct proportion to the amount of damages suffered by the victim. For example, costly medical treatment, time off from work to recover and the resulting lost wages, pain and suffering, emotional trauma, etc.