Defending Clients In Battery Cases
Assault and battery are both types of intentional torts. However, they are not the same thing.
Assault is an act that causes you to feel threatened or unsafe, while battery is actual physical violence. Both assault and battery can be criminal charges or civil cases (depending on the situation).
Our Bakersfield battery lawyer can help you win your claim in either situation by negotiating with the other party or going to court to seek damages for injuries sustained as a result of their actions.
Understanding Assault vs. Battery
It’s important to know that there are different kinds of assault, according to California Penal Code 240 PC.
The code defines assault as any unlawful attempt or threat to inflict immediate bodily harm on another person. It also includes any other activity likely to cause fear of imminent serious bodily harm in another person.
Battery, conversely, is the unlawful touching of another person without consent. It includes hitting someone, kicking them, spitting on them, or throwing something at them.
In most cases, both charges are felonies punishable by up to four years in prison. An assault charge can result in up to one year in prison and/or a $1,000 fine if convicted. A battery charge is punishable by up to one year in prison and/or a $2,000 fine if convicted.
What Kind of Damages Can You Recover?
You can recover compensation if you get assaulted or battered by a partner. The damages include:
- Damages for pain and suffering, including physical and emotional pain
- Damages for lost wages
- Medical expenses related to the assault/battery incident
Our Bakersfield Battery Lawyer Can Help You Win Your Claim
If you are considering filing a claim for damages, you must know what legal options are available to you.
A battery lawyer can help guide you through these processes and ensure your case has the best chance of success.
- Your lawyer can tell you what types of damages, such as medical bills or lost income from missed work days as a result of injuries sustained during the incident, to claim.
- They can also advise if filing criminal charges against the perpetrator would benefit your case.
- They can help you know and provide evidence presented at trial so that jurors understand why they should award damages.
Let Our Lawyers Fight For You
If you or a loved one has been the victim of assault or battery, it’s important to know your rights and what kind of damages to recover.
If you need help with filing a claim, contact our Bakersfield battery lawyer for the next steps. We will help answer any questions you have about your case and how we can assist in winning it.
Your friend, Ben”