New Jersey Lawyer for Injuries Caused by Assault

One common area included within the scope of personal injury law is that of “assault”, an intentional act or threat which instills fear of imminent physical harm in an individual. No actual touching has to occur for the act to be considered assault; the threat alone is wrongdoing enough to be eligible for compensatory damages under personal injury law.

Contact the New Jersey civil assault lawyers at The Law Offices Of James C. DeZao, P.A. to discuss your potential case during a free consultation.

What is Battery?

The word “battery” comes from the Latin “battuere” meaning “to beat.” In a legal sense, battery occurs when a perpetrator willfully touches or uses force against a person without his or her consent. The act of battery must include actual physical contact between the perpetrator and the victim or to an object connected to the victim. Throwing an object which strikes another individual is a clear case of battery. An example of battery in which there is no actual touching of the victim would be knocking a tray full of food out of another’s hands.

When Does Assault Become Battery?

If the threat of violence actually becomes a reality in which an individual is non-consensually touched by an object or person, the assault becomes a battery.

For example, if a person brandished a gun at another person and threatened to shoot, an assault has been committed. A battery occurs if the person actually follows through and succeeds in shooting the person he has threatened.

Both of these instances are covered under personal injury law in that a victim has the right to monetary recovery for the wrongful acts perpetrated upon him or her. Assault can cause serious physical and mental injuries. It usually falls under a misdemeanor criminal charge but a more serious assault injury can be classified as a case of felony.

When Does Assault Become Battery?

If the threat of violence actually becomes a reality in which an individual is non-consensually touched by an object or person, the assault becomes a battery.

For example, if a person brandished a gun at another person and threatened to shoot, an assault has been committed. A battery occurs if the person actually follows through and succeeds in shooting the person he has threatened.

Both of these instances are covered under personal injury law in that a victim has the right to monetary recovery for the wrongful acts perpetrated upon him or her. Assault can cause serious physical and mental injuries. It usually falls under a misdemeanor criminal charge but a more serious assault injury can be classified as a case of felony.

Simple Assault vs. Aggravated Assault

There are two types of assault that a person can be charged with, simple and aggravated. It is essential to know the difference when meeting with your personal injury lawyer. Simple assault is less severe than aggravated assault which means the penalties and consequences will vary.

Aggravated assault is when a person uses a weapon or intends to cause serious bodily harm to another person. It is also essential to be aware of what is a serious bodily injury. An assault lawyer in New Jersey is well versed on the topic, and serious bodily injury often includes:

• Injury resulting in a significant risk of death
• Loss of bodily function, organs, or any of the five senses
• Permanent disfigurement caused by the injury

You do not have to navigate these complex legal terms on your own but instead should discuss them with a personal injury lawyer.

How Assault Victims Can Obtain Compensation

The mention of assault and battery usually brings with it visions of a criminal who goes on trial and ends up in prison if he is found guilty of the crime. However, that is not the whole story. Victims of assault and battery also have the following civil remedies available to them:

• Assault and Battery Civil Lawsuit: It doesn’t take much television channel surfing to come upon a show where the bad guy is committing assault and battery on a helpless victim. However, TV shows rarely mention that the victim of such a crime has the right to retain an attorney and pursue an assault and battery civil lawsuit. This is true in all 50 states, regardless of whether the perpetrator was charged or convicted on a criminal charge related to the act. Assault and battery tort cases allow the victims of such crimes to recover monetary damages from the person who committed the offense. 
• Assault and Battery Tort Cases: Assault and battery tort cases differ from most other personal injury cases in a significant way.  While personal injury claims are normally about suing someone due to an act of negligence, personal injury claims for assault and battery are based on an intentional tort committed. An assault is defined as an intentional act that causes apprehension of harm to the victim. It does not require physical contact with the victim. If the offender does make bodily contact with the victim, the act is then referred to as a battery. 
• Assault and Battery as Personal Injury Claims: Assault and battery as personal injury claims are allowed under New Jersey laws. While battery involves actual bodily contact and some level of injury, lack of physical contact or bodily injury needs to be proved for a person to be held liable for an assault in assault and battery tort cases. Recovery for an assault under civil law is possible if the victim had a reasonable apprehension that he was at risk of bodily harm from the alleged offender. In an assault and battery civil lawsuit, the victim may be entitled to recover damages for medical expenses, lost wages, and pain and suffering. Sometimes additional

Contact The Law Offices Of James C. DeZao, P.A. Today

If you or a loved one has suffered an injury as a result of assault or battery, call The Law Offices Of James C. DeZao, P.A. at (973) 358-6134. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations.

Therefore, please call right away to ensure that you do not waive your right to possible compensation.