what kind of attorney to defend against civil suit for battery charge

If you are being accused of committing criminal battery, you should consult with an experienced and local criminal defense lawyer as soon as possible. A local and experienced criminal defense attorney will be best suited to helping you understand your state’s specific laws regarding battery.

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Can a victim of assault and battery sue a defendant?

If a lawsuit is filed against you for civil battery, you may have defenses to the claim. This will depend on your state’s laws and whether you have an excuse for the alleged battery. Some examples of defenses to civil battery are: Denial that one of all of the battery elements occurred, including lack of intent; You were acting in self-defense;

What defenses are available in assault and battery cases?

STATUTE OF LIMITATION FOR CIVIL BATTERY LAWSUIT AND CLAIMS. Under California Code of Civil Procedure §335.1, a person must file a civil batrery lawsuit within two years. DEFENSES TO CIVIL BATTERY Privilege A court may recognize that privilege may protect a defendant from liability when he can show that he had a legal right to commit the act.

What does it mean to have a civil battery case?

Do I Need An Attorney For Battery Charges? If you are being accused of battery, you should consult with an experienced and local criminal lawyer as soon as possible. A local criminal defense attorney will be best suited to helping you understand your rights and legal options according to your state’s specific laws.

Who pays the plaintiff in a batrery case?

Dec 04, 2018 · Civil assault and civil battery are intentional torts, meaning they stem from intentional acts rather than negligence on the part of the defendant. Victims of intentional torts can receive a special type of damages known as punitive damages. Punitive damages are meant to penalize the defendant for especially appalling behavior and deter others ...

What is a defense to battery?

Some examples of defenses to civil battery are: Denial that one of all of the battery elements occurred, including lack of intent; You were acting in self-defense; You were acting to defend another person; You were defending property (deadly force is generally not allowed);Jul 24, 2018

Which of the following is a defense to assault and battery?

Self-defenseSelf-defense is probably the most common defense used in assault and battery cases. In order to establish self-defense, an accused must generally show: a threat of unlawful force or harm against them; a real, honest perceived fear of harm to themselves (there must be a reasonable basis for this perceived fear);Feb 14, 2019

Is battery civil or criminal?

Battery is the intentional touching or use of force by one person to another person. Battery is both a civil tort and a criminal act, but the standards that define the action in each are somewhat different. Assault and battery are generally linked together because assault is the threat of the battery to come.Jan 20, 2014

What is the difference between a civil assault and battery?

The difference between assault and battery is that battery includes actual physical contact while assault does not. When someone does something that would cause a person to be afraid of imminent harm, like someone pointing a gun at you, this constitutes assault.

Is consent a defence to battery?

In other areas, consent may also act as a defense to a charge of assault and battery, such as a situation in which the defendant grabs someone while playacting. Many courts, however, hold that consent is no defense when the act violates public policy, especially when the battery is severe.

What is battery intentional tort?

Intentional Torts Battery. A person is subject to liability for battery when he acts intending to cause a harmful or offensive contact, and when a harmful or offensive contact results.

How do you prove a battery in tort law?

The prima facie case for battery contains 4 components:The defendant acts.The defendant intends to cause contact with the victim.The defendant's contact with the victim is harmful or offensive.The defendant's contact causes the victim to suffer a contact that is harmful or offensive.

What is the single intent rule for battery?

If a person throws a rock towards one person intending only to scare them (but not to hit them), they will be liable for battery to a different person who is hit by that rock. In the United States, critics of this doctrine believe that the tort of negligence has superseded the need for transferred intent.

What right does battery protect?

Self Defense Self-Defense is the most common defense which is used in assault and battery cases. It means to protect yourself from unlawful force implied by other people. In this defense, it is proved that the defendant was safeguarding himself from the unlawful force of the complainant.Oct 4, 2019

What elements are required before a plaintiff can file a successful battery lawsuit?

A successful civil suit for battery will require the plaintiff to prove that the following elements were present:The intentional touching of, or application of force to, the body of another person,In a harmful or offensive manner, and.Without the victim's consent.Dec 4, 2018

What is civil law battery?

In both criminal and civil law, "battery" is the intentional touching of, or application of force to, the body of another person in a harmful or offensive manner (and without consent).Dec 3, 2018

What is battery assault?

“an assault is an act by which a person intentionally or perhaps recklessly causes another person to apprehend the immediate infliction of unlawful force upon him; a battery is the actual infliction of unlawful force. There can be an assault without a battery, and there can be a battery without an assault”.

What is civil battery?

Civil Battery Definition, Law, Elements, Claim, and Defenses. A battery is any intentional, nonconsensual, and harmful or offensive contact by one person to another. The battery must include contact. The contact must be intentional, nonconsensual. The contact must also be either harmful OR offensive. The contact must be by one person ...

What damages can a plaintiff be awarded?

The plaintiff may be awarded actual damages that they have suffered due to physical injury. These damages may be a result of hospital bills, lost wages, property damage, and so on.

What is privilege in law?

Privilege. A court may recognize that privilege may protect a defendant from liability when he can show that he had a legal right to commit the act. For example, in 1957 plaintiffs sued defendant police officers to recover damage for assault and battery.

What is an intentional act?

Intentional Act. The defendant must have intended to perform the act that resulted in the harmful or offensive contact; the defendant need not have intended to cause the harm or offense. [2] In other words, the defendant must only have meant the contact, but he did not have to mean the result of the contact, such as any harm ...

Can a defendant protect himself from liability?

A defendant can protect himself from liability if he can show that he was provoked. In this situation, the assault may naturally follow a provocation such as an insult. The court may consider the provoking act or word when estimating damages. [18]

Is consent a defense?

Therefore, consent does not need to necessarily be shown by writing or by express words. Consent is not a defense if it was fraudulently induced or the defendant exceeded the scope of the consent.

What is the difference between assault and battery?

However, many people don’t understand the distinction between assault and battery. An assault only involves the threat of harm, whereas battery requires actual physical contact between the assailant and the victim.

What is aggravated battery?

Battery against an elder person. Depending on the class of victim, some types of battery charges are considered “aggravated” charges, meaning that they will result in felony charges instead of misdemeanor charges. Examples of felony battery include battery against a woman, child, or police officer, and battery that involves the use ...

What is battery charge?

Battery is a type of criminal charge that involves the unauthorized application of force against another person’s body, which results in offensive touching or actual physical injury. In most instances, battery will result in misdemeanor criminal charges.

How long is battery in jail?

This means that battery is usually punishable by criminal fees and/or actual time spent in jail (usually less than one year). More serious forms of battery, or repeat instances of battery may result in more serious legal consequences, and can often result in felony charges instead of simple misdemeanor charges.

What are the different types of battery?

Yes- there can be various types of battery depending on the state and state laws. These are usually grouped according to the class of victim. For example, battery can be sub-divided into other categories like: 1 Battery against a police officer 2 Battery against a child 3 Battery against a spouse 4 Battery against an elder person

What is the purpose of an assault or battery lawsuit?

In a successful assault or battery suit, the plaintiff is awarded damages to compensate her for the injuries and expenses that resulted from the tort. That usually includes any medical expenses, lost wages, or pain and suffering that the victim experienced. If the assault or battery was especially traumatic, the plaintiff may receive damages ...

What are the elements of civil battery?

The Elements of Civil Battery. The elements to establish civil battery are generally the same as for criminal battery. A successful civil suit for battery will require the plaintiff to prove that the following elements were present: The intentional touching of, or application of force to, the body of another person, ...

What is the definition of bodily harm?

An intentional attempt or threat to inflict injury on another person, Coupled with an apparent ability to cause the harm, Which creates a reasonable apprehension of bodily harm or offensive contact in the victim . As long as the victim is placed in fear of imminent contact, no actual physical contact or injury need occur.

What to do if someone threatens you?

If someone threatened you, attempted to physically harm you, or touched you in an unwanted manner, you may be able to file a lawsuit for assault and/or battery. This would be a separate, civil case from any criminal proceedings against the defendant. But don't go it alone, get professional help. Contact a personal injury attorney right away.

What is the tort of assault?

Civil assault and civil battery are intentional torts, meaning they stem from intentional acts rather than negligence on the part of the defendant. Victims of intentional torts can receive a special type of damages known as punitive damages.

Does assault require physical contact?

Unlike battery, civil assault doesn’t require that the defendant have any physical contact with the victim. In a civil suit for assault, the plaintiff will have to prove that the following elements were present:

What is intentional tort?

The intentional tort will occur when the responsible party purposely performed a wrongful act. The law does not consider whether there was any intent or not to cause actual harm.

What are economic damages?

Economic Damages. Economic damages aim to cover your financial costs associated with the assault. These damages typically include any current and future medical expenses, as well as rehabilitation, and any loss of income.

What are the consequences of a misdemeanor?

Typically, when someone is convicted of a misdemeanor assault or battery charge for the first time, they will spend no more than one month in jail, fines of no more than $1K, and community service. For subsequent offenses, the person might face a jail sentence of up to two months and more fines. In cases that involve aggravated assault and battery or sexual assault and battery, as a misdemeanor, the consequences can include a sentence of 150 days, substantial fines, and supervised probation.

Can you defend someone accused of assault in North Carolina?

It is possible to successfully defend someone accused of assault and battery. The different defenses that can be used in North Carolina include self defense, an alibi that proves that the accused was not at the location where the alleged assault occurred, and consent in such cases where the alleged victim was consensually engaged in a fight or sexual incident, for example.

Is assault a felony in North Carolina?

Depending on the nature of the crime, an assault or battery charge could be a misdemeanor, or it could be a felony. In cases that involve weapons, the charges are more serious than in cases that do not. A case that involves a fight that both parties were actively engaged in is easier to defend than a case where one person was attacked by another. To understand your options for defense when facing assault and battery charges, you’ll need to understand how the law applies to these charges in North Carolina and discuss your case with an attorney.

What are the defenses to assault and battery?

The main defenses to civil charges of assault and/or battery include (but are not limited to): The defendant did not threaten or use force against the plaintiff. The plaintiff initiated or escalated the incident. The plaintiff was not scared (or a reasonable person would not have been scared).

What is battery law in California?

California’s “battery law,” Penal Code 242, defines “battery” as the willful and unlawful use of force or violence on another person. The force does not need to be significant in order to constitute a battery. Examples of battery:

What is assault in California?

What is “assault”? California’s “assault law,” Penal Code 240, defines “assault” as an attempt or threat to commit a violent injury on someone else. In other words, it is the willful and wrongful threat of the use of force. If force is actually used, it is no longer assault it is “battery” (discussed below).

Can a defendant be convicted of a crime?

It is not necessary that the defendant first be convicted in a criminal trial, or even charged with a crime. As long as the plaintiff suffered damages because of the defendant’s wrongful actions, he or she can file suit. Damages for assault and battery.

What are some examples of assault?

1. In other words, the threat must have been credible. Examples of assault: During a domestic argument, a man raises his fist and threatens to hit his wife.

What is punitive damages?

Punitive damages are available in assault and battery cases when the defendant acted with “fraud,” “malice” or “oppression.” 4. Generally, these terms mean that the defendant either: Injured the plaintiff intentionally, or. Acted with a conscious disregard of the plaintiff’s rights. The burden of proof for punitive damages.

What is the burden of proof for punitive damages?

The burden of proof for punitive damages. The right to punitive damages must be established by “clear and convincing evidence.”. California law does not specifically define this term. But it is a higher burden of proof than “preponderance of the evidence.”.

What is the most common way to deal with a civil lawsuit?

Filing a response to the complaint is the most common way to deal with a civil lawsuit. When presented with a complaint, you have a set amount of time to respond with the facts of the case and your affirmative defenses.

What is a counterclaim in a lawsuit?

As a response to the plaintiff’s lawsuit, you can file a counterclaim against him or her, which simply means you are suing them instead of them suing you. There are two different types of counterclaims:

How do civil cases differ from criminal cases?

Civil cases differ from criminal cases in a few key ways: 1 The burden of proof is lighter, making it easier for the plaintiff to win the case. 2 Anyone can bring a civil case, whereas a prosecutor can bring a criminal case. 3 If the defendant loses a civil case, she or he pays in dollars rather than jail time.

How long do you have to respond to a motion to dismiss?

This would hold off on you needing to respond to the lawsuit until the judge determines whether the case should proceed or be dismissed altogether. If the judge denies your motion to dismiss, you will have 10 days to file a response.

Can you negotiate with a plaintiff outside of court?

At any point during the dispute, you can try to negotiate with the plaintiff outside of the court system. This can be beneficial for both you and the plaintiff because you save a ton of money in legal fees.

What is the most common defense used in assault and battery cases?

Assault and Battery Defenses: Self-Defense. Self-defense is probably the most common defense used in assault and battery cases. In order to establish self-defense, an accused must generally show: a threat of unlawful force or harm against them; a real, honest perceived fear of harm to themselves ...

Is consent a defense?

Also, it should be noted that courts scrutinize consent as a defense closely, and tend to find that harmful actions, even if consented to, violate public policy and should still be punished under assault, battery, or other laws.

Can consent be used as a defense to assault?

Consent may be available as a defense to an assault/battery charge, depending on the jurisdiction. Where available, if an individual has consented voluntarily to a particular act, then that same act generally cannot be asserted to constitute an assault and battery. But if the extent of the act exceeds the permission provided, it can still provide grounds for assault and battery charges. Also, it should be noted that courts scrutinize consent as a defense closely, and tend to find that harmful actions, even if consented to, violate public policy and should still be punished under assault, battery, or other laws.

Can a defendant in an assault claim be able to claim that they acted only in defense of their property?

A defendant in an assault/battery case may be able to claim that they acted only in defense of their property against being invaded or illegally withheld. It's important to note that the availability and extent of this defense varies from state to state, however.