The definition of assault is the attempt to frighten or injure an individual by causing the fear of immediate harm. This includes threatening behavior or threats made to another. Battery is when an individual is intentionally touched without their consent. If a person has been threatened, this is classified as assault. If the person is distressed or injured it is battery. Offensive touching also qualifies as battery. For an individual to prove battery, proof of contact must be established. Physical injury does not need to be proven for battery. If an object an individual is holding is touched, it is still considered battery. Battery also applies in cases where the act and contact are delayed such as digging a hole intended for a person to fall into.
When a person has been injured or threatened by someone else with the intention to cause harm they are an assault victim. Proving this type of action usually requires an experienced assault attorney. This type of case may involve more than one individual attacking the victim, physical harm to the victim and the placement of the victim into immediate harm. An assault attorney Lincoln NE understands the critical differences between an intentional act, threatening to harm an individual and any act causing the victim to be harmed or to become afraid of being harmed.
Any physical action with the intention of harming another person can lead to an injury. Many victims incur suffering, pain and medical costs. When this occurs, the victim can file criminal charges or sue the perpetrator in a civil court. These scenarios are completely different from each other. The amount of the claim can be challenged by the defendant in a civil court. If the accused is found guilty in a criminal case, they can be sent to prison, be placed on probation, pay a fine or be sentenced to community service. For additional information please visit here.
An attorney can often prove either battery, assault or both for a civil claim. It is important to note there are different standards for assault and battery. The standard for assault includes placing the victim in a state of fear for their safety, apprehension due to the actions of the defendant or the deliberate intentions of the defendant to place the victim in a state of fearing for their safety or reasonable apprehension. The standard for battery is the intention of the defendant to touch the victim, offensive touching and failing to receive consent from the victim. For more details please visit this site.
There are two types of damages the victim may recover in an assault, battery or assault and battery lawsuit. These are punitive and compensatory damages. Compensatory damages are compensation for both future and immediate physical injuries including pain, embarrassment, humiliation and mental distress. Punitive damages are not always able to be recovered. This type of damage is to punish the defendant for behavior considered egregious and serious. When the facts of the case meet these standards, punitive damages are high.