Assault and Battery Cases
Buffington Law Firm’s experienced civil litigation assault and battery attorneys have successfully dealt with numerous Assault and Battery cases over the years. While these cases differ from most of the other cases that we routinely handle, the trial and litigation skills that we have developed by handling other forms of civil disputes have enabled us to develop this area of law as a successful part of our practice. Our Firm has handled a variety of these cases — including bar fights, neighbor-neighbor altercations, and situations involving serious allegations of false imprisonment and physical duress.
It is important to understand the difference between Assault and Battery when it is a criminal matter as opposed to civil suits for Assault and Battery — which is the type of legal action that Buffington Law Firm can bring on a client’s behalf, or defend against. A civil suit for Assault and Battery is a lawsuit in which the Plaintiff is seeking a monetary award from the court. This differs from a criminal matter, which is a criminal case brought not by a Plaintiff (i.e. the victim) but instead is prosecuted by the District Attorney.
Often the most effective way to deal with a situation in which Assault and/or Battery have occurred (and may occur again) is by means of a civil lawsuit. In a civil lawsuit the Plaintiff can seek injunctive relief (to prevent recurrence of the wrongful acts) as well as actual damages, damages for mental suffering, pain and suffering, and punitive damages.
Assault is an act by a Defendant in which the Defendant commits some act that places the Plaintiff in reasonable fear or apprehension of serious bodily harm. Brandishing a weapon in a threatening manner can constitute an Assault. Cocking a fist as though to strike a person, perhaps coupled with a verbal threat or other threatening movements can constitute an assault. No physical contact is necessary. Battery, by contrast, occurs when there is actual, intentional, wrongful contact between the Defendant and the Plaintiff. Striking, forcibly groping (i.e. sexual battery), and other forms of wrongful contact forced by the Defendant upon the Plaintiff can constitute Battery. Thus, while an Assault is often immediately followed by a Battery, this is not always the case.
If you are involved an a situation in which there has been an Assault and/or Battery, this can have serious legal consequences. If you are a victim, you are naturally interested in receiving the maximum compensation for this. As discussed above, Assault and/or Battery lawsuits often result in a substantial monetary award to the Plaintiff. California law takes a dim view of these types of conduct and court verdicts often reflect this.
If you have been accused of, or sued for, Assault and/or Battery, this can accordingly have serious legal and monetary consequences and it is important that you obtain competent legal counsel without delay.
If you are involved in an Assault and Battery situation, we recommend that you arrange for a free legal consultation with one of Buffington Law Firm’s experienced civil litigation attorneys. At this meeting we can evaluate your case and discuss your legal options.