Assault & Battery
This entry was posted on Wednesday, February 4th, 2015
Posted in News & Articles | Posted by: George Heppner - San Diego Personal Injury Attorney
Personal injury cases often involve accidental or reckless behavior by a defendant not actually intended to hurt another person. However, as your San Diego personal injury attorney will explain, some cases involve intentional, malicious conduct by the defendant, causing severe injuries and untold lasting effects. Known as intentional torts, counts like assault and battery require the plaintiff to prove a mental element, specifically that, at the time of the incident, the defendant acted purposefully toward the plaintiff with the intent to cause harm. If you believe you have been victimized by either an assault or battery, please call our San Diego personal injury lawyers today for further guidance and advice about your case.
What Is Civil Assault and Battery?
Under civil law, the terms assault and battery are two distinct causes of action each with a clearly distinct meaning. Civil assault refers to a situation in which the defendant created a fear or apprehension in the plaintiff of imminent bodily harm. This could include threats of violence, menacing conduct or brandishing a weapon. Civil assault does not actually require that the defendant comes in contact with the victim, only that he creates an apprehension in the victim that injury is imminent.
Civil battery, as your San Diego personal injury attorney will explain, is the actual physical harm inflicted upon a plaintiff by a defendant through the use of intentional force. Battery can include a punch, kick, stabbing, shooting or blunt force trauma to any area of the body. There is no requirement that the plaintiff is rendered severely injured, and it is of no consequence if the victim is larger or could have defended himself. Under the law, a civil battery is considered any unwanted touching done with the intent to harm the victim. California law also requires that a reasonable person in the plaintiff’s position would have been offended by the touching.
Contact a San Diego Personal Injury Lawyer Today
If you are in need of a San Diego personal injury attorney, contact George C. Heppner at 888-503-6473 for a free consultation right away!