When you’ve been physically hurt by someone or even threatened, not only should you contact the police and file a report, you also need to talk with a personal-injury lawyer to see if you need to file a civil lawsuit against your assailant as well.
Many people refer to assault and battery as it if is one crime. However, in California it’s actually two separate crimes.
- Assault is defined as an unlawful attempt to harm another person. Assault does not have to involve physical contact between the aggressor and the victim.
- On the other hand, battery is defined as any kind of force or violence used against another person. Depending on how severe the battery is, there are different degrees of this crime.
Criminal vs. Civil Case?
When a case is criminal, the state District Attorney’s office assumes the lead. However, if you want compensation for your injuries, you need to bring in a personal-injury attorney so you can file a civil lawsuit.
In a civil court, the question of criminal guilt is not addressed. Instead, the court decides if the defendant should compensate you for physical and emotional suffering he/she caused.
Financial and Medical Recovery
Types of monetary compensation available in a slip and fall include:
- Medical Expenses
- Pain and Suffering
- Punitive Damages
- Lost Wages
- Emotional Distress
- Loss of Consortium: Your spouse is compensated for the loss of your moral support, help around the house and physical intimacy.
At Avaness Law, we encourage you to contact us if you have been a victim of assault and/or battery so we can explain your legal options.
Frequently Asked Questions About Assault & Battery In Burbank
What is the difference between assault and battery in Burbank, California?
In California, assault is defined as an intentional act that places another person in fear of imminent bodily harm, while battery is the actual physical touching of another person in a harmful or offensive manner. Both assault and battery can result in criminal charges and/or a civil lawsuit for damages.
What are the consequences of an assault and battery conviction in Burbank, California?
The consequences of an assault and battery conviction in Burbank, California can include fines, imprisonment, and a criminal record, which can have long-term consequences for employment and other aspects of life. In addition, a victim of assault and battery can file a civil lawsuit for damages, which can result in compensation for medical expenses, pain and suffering, and other costs associated with the incident.
What should I do if I’m the victim of assault and battery in Burbank, California?
If you’re the victim of assault and battery in Burbank, California, you should immediately report the incident to the police and seek medical attention for any injuries. You should also consider retaining an attorney to help you pursue compensation for your damages through a civil lawsuit and/or to provide legal representation in any criminal proceedings.
How long do I have to file a civil lawsuit for assault and battery in Burbank, California?
In California, the statute of limitations for personal injury claims, including those arising from assault and battery, is generally two years from the date of the incident. It’s important to take action promptly to preserve your rights and ensure that you’re able to recover compensation for your damages.
What compensation can I get for an assault and battery incident in Burbank, California?
If you’re the victim of an assault and battery in Burbank, California, you may be eligible to recover compensation for damages such as medical expenses, lost wages, pain and suffering, and more. The specific compensation available will depend on the circumstances of the incident and the laws of California.
Can I sue the perpetrator of an assault and battery incident in Burbank, California?
Yes, you can sue the perpetrator of an assault and battery incident in Burbank, California for damages. A personal injury lawsuit can result in compensation for medical expenses, lost wages, pain and suffering, and other costs associated with the incident. An attorney can help you build a strong case and negotiate with the perpetrator or their insurance company to recover the compensation you’re entitled to.