Assault Lawyer

An assault lawyer handles criminal and/or civil assault cases. The criminal assault lawyer (also a criminal defense lawyer) defends someone charged with criminal assault. The civil assault lawyer (also a personal injury lawyer) represents the victim of an assault and battery to recover damages for physical injuries resulting from the crime.

What is assault?

While assault and battery are often spoken in one breath and charged at the same time, they are two separate criminal acts. Assault is loosely defined as an unlawful, intentional attempt to injure someone physically. Practically speaking, it includes both successful and failed attempts at battery, assuming that the threatened party knew that a legitimate threat existed. For example, threatening someone with a water balloon doesn't constitute assault unless the contents of the water balloon could impose actual harm and the intended victim was aware of the contents at the time of the assault.

Assaults fall into several categories, such as sexual assault, which includes child molestation, and domestic assault. The law classifies some verbal threats as assault. If the assault takes place during the commission of another crime, such as robbery, the charge is aggravated assault. Assault may be classified as a misdemeanor or a felony, depending on the severity of the alleged act, and these classifications vary by state.

More about criminal vs. civil assault

If you have been charged with criminal assault, contact a qualified criminal defense attorney, one who specializes in assault and battery cases. If your case goes to court, the prosecution must prove that the threat was reasonable, and that it was imminent—not a thinly veiled threat that might or might not take place at some unspecified time in the future.

If you are the victim of assault and battery, contact a qualified personal injury attorney, one who specializes in assault and battery cases. The lawyer will first assess whether the individual who committed the assault and battery has sufficient assets to cover damages. If the individual has sufficient assets or carries personal insurance, the lawyer will represent you in civil court and attempt to recover damages resulting from the assault and battery. Damages include medical expenses, lost wages, lost future earning capacity, and pain and suffering. Attorney fees for civil assault and battery cases are usually handled on a contingency basis, so you will not incur any fees unless the case is decided in your favor and you collect damages.

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