Assault and Battery Info Center

Frequently Asked Questions about Assault and Battery

Q: Is a civil lawsuit based on liability for Assault & Battery the same as a lawsuit based on negligence or strict liability?

A: Not really. You may claim the same types of damages, but you must prove different elements. A person who is found liable for an intentional tort such as assault and/or battery does more than just act carelessly, which might make him or her liable for negligence. Persons committing assault or battery are said to intend the consequences of their actions.

Q: Isn't battery a crime?

A: Yes, battery can be a crime but as a personal injury action it is a civil claim, as are all tort actions. The law considers "torts" to be wrongs against individuals, allowing the individual to sue for money damages. As a tort, a battery is a harmful or offensive touching of one person by another.

If no criminal conviction was obtained in connection with the incident that gave rise to your injuries, or if criminal charges were never filed, you may still recover for an assault and battery in civil court.

Lawyers for Victims of Assault and Battery

The criminal justice system exists to punish the perpetrators of crime. The civil courts exist to financially compensate the victims of wrongdoing. To learn more about the civil aspects of assault and battery, please review the general information below.

If you are a victim of assault and battery, contact a personal injury attorney at The Reeves Law Group in California today. Call us at (800) 644-8000.

Assault and Battery - An Overview

In civil court, Assault & Battery are what is known as intentional torts, and these torts can be the basis of a personal injury lawsuit against the person who commits them. Intentional torts are different from other personal injury claims, such as those arising from an automobile accident, which are ordinarily based on a person's carelessness. Intentional torts such as Assault & Battery require that the person committing them act with the intent to cause a certain result -- either fear in the victim or contact to the victim's person.

Civil vs. Criminal Cases

When you hear the phrase "Assault & Battery", you probably picture handcuffs, police cars, and jail cells. Many people do not realize that Assault & Battery can also be the subject of a lawsuit for personal injury in civil court, as intentional torts. This may leave you asking "what makes a case a criminal case?".

The Value of Your Claim

If you have been injured as a result of an assault and/or battery, figuring out the amount of damages you are entitled to receive is a critical aspect of your personal injury claim. The legal "value" of your injury is also the part of your claim about which it is most difficult for your attorney to generalize before all of the facts are known.

A Lawsuit Chronology

If you or a loved one has been on the receiving end of an assault and/or battery, you should discuss your legal right to bring a civil lawsuit for damages with a knowledgeable lawyer as soon as possible to preserve your legal rights.

What To Do After The Incident

If you believe that you have been involved in an assault and battery, there are a number of things you can do to protect yourself and your legal rights, even before you meet with an attorney to discuss your case. To preserve your rights, however, seek the advice of an experienced personal injury attorney as soon as possible.

Assault and Battery Resource Links

Tort Law: An Overview
From the Legal Information Institute at Cornell Law School.

Workplace Violence, 1992-1996
Presents data for 1992 through 1996 from the National Crime Victimization Survey, estimating the extent of workplace crime in the United States (from the Department of Justice).

National Safety Council
Features home, environment, and workplace safety resources.

Information Centers are a collection of articles, frequently asked questions and other information written on specific practice area topics. Read more...

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The California personal injury lawyers at The Reeves Law Group represent victims of accidents, injuries and wrongful death throughout California from our offices in Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, Ventura County, Fresno County, Kern County, Sacramento County, San Fernando Valley, Long Beach, Antelope Valley, Torrance, Glendale, Bakersfield, Santa Ana, San Jose, San Francisco, Oakland, Ontario, and Victorville.

Assault and Battery Info Center