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Assault And Battery, Criminal And Personal Injury Law

By Expert Author: R. Klettke

In our system of justice, there are incidents of violent crime where the court does not convict a violent offender. California criminal law holds that charges have to be proved beyond a reasonable doubt, such that the jury must be unanimous in reaching a guilty verdict. There are many notable cases where this has occurred.

Fortunately, the system treats personal injury resulting from crime differently under civil law. That means that victims can still be compensated by the perpetrator through a personal injury civil lawsuit filed by a personal injury attorney who specializes in assault and battery cases, known also as assault and battery lawyers.

If you are the victim of an assault and battery crime and suffered physical injury or emotional damage as a result, an assault and battery attorney can pursue compensation from the perpetrator – even if he or she was not convicted of the crime. A skilled attorney can sometimes convince a jury – when a preponderance of evidence persuades nine out of 12 jurors to rule in favor of the plaintiff – that such harm occurred as a result of the defendant’s actions.

When that happens, the assault and battery attorney is able to establish a monetary value on the victim’s losses. A civil suit can achieve appropriate and often substantial compensation for the plaintiff.

There are many circumstances that can lead to such civil assault and battery cases, such as a break-and-enter incident. Other situations are in schools, where either a student or a teacher caused injury to another. It could occur when injurious force is applied in a street or bar fight. Sometimes, an aggressive athlete can be found responsible for injuries resulting from unreasonably violent contact on the playing field. If you are uncertain of the legal implications in your own incident, a personal injury lawyer can sort through the details on a preliminary basis.

Note also that actual physical assault is not even necessary to prove a case. The simple threat of assault can be proven as a cause for emotional distress.

When to contact an assault and battery attorney

The rules and laws that apply to civil versus criminal law are different. Contact an assault and battery attorney if you are a victim of assault and battery and have suffered physical injury, emotional distress or financial difficulty in the aftermath that can be tied to the incident.

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

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