Assault & Battery – Personal Injury Attorney in Stockton
Personal injury lawsuits are usually filed as accidents due to negligence, but there are some cases, like assault and battery that are intentional torts and not a result of negligence. Usually these words are put together but they are actually two different torts. It is possible that both of these offenses are committed concurrently, but an assault does not necessarily include a battery and vice versa.
The penal code states that an assault is an intentional act that is meant to cause a “reasonable apprehension of imminent and harmful contact” that hurt the victim. To make a defendant liable for an assault, the defendant must have intended to inflict a harmful or offensive contact on the plaintiff or to have put him or her in fear of such contact. It is necessary for the plaintiff to fear that the defendant’s act may result in imminent contact unless it is prevented by the plaintiff’s self-defensive action or by his or her flight or by the intervention of some outside force. Once that intent is formed and the defendant is in apprehension, the defendant is liable, even if he or she stops any aggression and doesn’t inflict any harm. Keep in mind, there does not have to be any physical violence that takes place in order for it to be considered an intentional tort of assault. It’s the threat that matters.
For battery cases, one person (the offender) must make intentional and harmful or offensive contact with another person (the victim). The contact by the offender can be: direct and immediate, indirect and immediate, or indirect and remote. It’s important to note that the victim does not actually need to be physically harmed. All that’s required is that the contact be offensive or inappropriate and that the offender meant for it to take place. Under the civil code, a person may be liable for sexual battery if he or she: acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results; acts with the intent to cause a harmful or offensive contact with another by use of his or her intimate part, and a sexually offensive contact with that person directly or indirectly results; or acts to cause an imminent apprehension of conduct described above and a sexually offensive contact with that person directly or indirectly results. A person who commits any battery or assault on another person is liable to that person for damages including general damages, special damages and punitive damages. Make sure to contact an experienced attorney who can make sure you get compensated appropriately for your damages.