what kuind of attorney deals with assult

If you have been charged with criminal assault or battery, you should contact an experienced criminal defense attorney immediately. They will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.

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What is an example of assault in law?

You've come to the right place. If you have been threatened with physical harm, hit, or otherwise touched when you didn't want to be, a civil assault and battery lawyer can help. A civil assault and battery lawyer helps victims sue for money damages from the assailant. Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses, emotional …

What does a civil assault and battery lawyer do?

Apr 02, 2019 · Assault and battery are intentional torts, which means that both assault and battery are the result of an intentional act on the part of a tortfeasor (person who commits a tortious act). Because they are both torts, an assault or battery may serve as the basis for a civil lawsuit. However, every state also has criminal statutes for assault and ...

What is an example of a felonious assault?

Aug 13, 2021 · You need an experienced sexual assault and abuse attorney at Sibley Dolman Accident Injury Lawyers, PA. According to the National Sexual Violence Resource Center , one in four girls and one in six boys are sexually abused before their eighteenth birthday. 96 percent of the people who sexually abuse children are male, and nearly 77 percent of these perpetrators …

What is a criminal assault?

Jun 04, 2015 · What kind of attorney do I need for an assault case? Contact a Louisiana attorney immediately.. Louisiana has a very short statute of limitations for torts.You should obtain needed medical care and treatment immediately and follow the doctor's advice.

Who can sue for assault?

Victims of assault and battery have the right to sue their attackers for (money) damages. 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.

What are the 4 types of lawyers?

Here's an overview of the most common types of lawyers.Personal Injury Lawyer. ... Estate Planning Lawyer. ... Bankruptcy Lawyer. ... Intellectual Property Lawyer. ... Employment Lawyer. ... Corporate Lawyer. ... Immigration Lawyer. ... Criminal Lawyer.More items...•Sep 29, 2020

Can you sue someone for assault NY?

New York City Assault Injury Attorney. ... You can file a personal injury lawsuit against your attacker, regardless of whether they're formally charged with a crime. By filing a civil assault lawsuit, you can recover compensation for your pain and suffering, medical expenses, and more.

Is assault a battery?

A common misconception criminal law pertains to assault and battery. Many individuals believe that assault and battery are interchangeable crimes because they're often charged together. However, it's important to note that the state of California actually classifies assault and battery as two separate convictions.Aug 16, 2021

What does a criminal lawyer do?

Criminal Lawyers are responsible for either prosecuting or defending someone accused of a criminal offence. They are required to act in a neutral, impartial manner to ensure that the legal rights of those prosecuted are upheld and that they receive fair treatment against the conduct of the law.Feb 20, 2020

How much money does a criminal lawyer make?

What is the average salary for a criminal lawyer? The average salary for all associate attorneys, including criminal lawyers is $76,374 per year. A lawyer's salary can be dependent on their level of experience and specialization among other factors.Sep 9, 2021

Can you get compensation for assault?

If you have been injured following a criminal assault, for example violent mugging, sexual assault or unprovoked attack, you may be able to pursue a claim for damages: Through the Criminal Injuries Compensation Authorities (CICA) Through the courts in a civil claim for damages.

What is an assault lawsuit?

In the context of personal injury law, "assault" and "battery" are intentional torts (wrongs) that can form the basis of a lawsuit in civil court. In a typical case, the victim of an assault and/or battery sues the offender, seeking compensation for injuries and other damages stemming from the incident.

Is verbal abuse a crime in NY?

A variety of forms of street harassment are illegal in New York, including verbal harassment, up-skirt photos, indecent exposure, following, groping, and hate crimes.

What happens if you assault someone?

Common assault carries a maximum penalty of six months in prison and/or a fine. A person charged with a first offence is likely to receive a fine rather than a custodial sentence.

What are examples of assault?

Some examples of assault may include:Attempting to spit on the victim;Miming the act of hitting, punching, or kicking the victim;Brandishing a deadly or non-deadly weapon in a manner that suggests the victim will be hit with that object; and.Pointing a gun at the victim, regardless of whether it is loaded or not.Mar 26, 2021

What defines assault?

Definition. The definition of assault varies by jurisdiction, but is generally defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required.

What is a civil suit?

A civil suit is filed on behalf of the victim in civil court and the result is determined based on a preponderance of evidence. What this means is that the jury or judge decides whether the abuse was more likely to have occurred than not. If the judge or jury determines that the abuse occurred, the court then looks at the damages sought by ...

How many sexual assaults go unreported?

Unfortunately, only 12 percent of sexual abuse cases are ever reported to authorities, and 90 percent of sexual assaults on college campuses go unreported. If you were the victim of sexual abuse or assault, you’re likely aware that reporting your case to authorities may result in a criminal investigation, which may also be followed up by criminal ...

How do civil cases differ from criminal cases?

There are many differences between a civil lawsuit and a criminal case. Descriptions of each are as follows: 1 A sexual abuse criminal case begins when a crime has been committed and reported to authorities. If a law enforcement investigation of the case leads to an arrest, then the suspect is formally charged. To obtain a conviction, a prosecutor must prove beyond a reasonable doubt that the defendant did, in fact, commit the crime. If the defendant is found guilty of the crime, they will then be punished through incarceration, probation, and/or fines. However, a criminal case does not compensate the victim of the abuse, and victims have very little say in how the case is presented, whether a plea deal is accepted, or other details that fall within the realm of the prosecutor’s authority and control. 2 A sexual abuse civil suit is filed on behalf of the survivor in civil court and the result is determined based on a preponderance of evidence. What this means is that the jury or judge decides whether the abuse was more likely to have occurred than not. If the judge or jury determines that the abuse occurred, the court then looks at the damages sought by the plaintiff and determines whether the award is fair. A civil suit does not attempt to determine the defendant’s guilt or innocence, but rather whether the defendant is legally liable for the plaintiff’s injuries.

What happens if a person is found guilty of a crime?

If the defendant is found guilty of the crime, they will then be punished through incarceration, probation, and/or fines. However, a criminal case does not compensate the victim of the abuse, and victims have very little say in how the case is presented, whether a plea deal is accepted, or other details that fall within the realm ...

When does a criminal case begin?

A criminal case begins when a crime has been committed and reported to authorities. If a law enforcement investigation of the case leads to an arrest, then the suspect is formally charged. To obtain a conviction, a prosecutor must prove beyond a reasonable doubt that the defendant did, in fact, commit the crime.

How long can you sue for sexual abuse in Montana?

Montana lawmakers recently extended the statute of limitations for sexual abuse cases, allowing a one-year window in which older cases could be filed. California Gov. Gavin Newsom signed a law allowing the victims of childhood sexual abuse to file lawsuits against their abusers until the age of 40.

What is personal injury law?

Personal injury law covers civil torts of all types that result in injuries and economic harm. Not all personal injury lawyers have experience with sexual abuse cases, however, so it is important when selecting the attorney who will represent you in your case that you select someone who has experience in this type of case.

Lars A. Lundeen

Contact a Louisiana attorney immediately.. Louisiana has a very short statute of limitations for torts.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records.

Kristy Belle Guy Zinna

Based on the brief information you gave, you should consult a qualified personal injury attorney. You may have the ability to bring a lawsuit in either Florida or Louisiana, and whichever attorney you consult can give you their opinion on this based on additional questions they will likely need to ask you. Good luck!#N#More

Mark Theodore Tischhauser

You may need a Lousiana lawyer to deal with that issue, since it occurred there, but there may also be jurisidiction in Florida since you are all from here. This will all revolve around why and how such a video came to be and what it shows. You need to retain a lawyer to address any such issue immediately from several angles.

Nancy Ann Davito

I agree with the advice provided by Mr. Rash.

Bruce Ward Bain

You may be limited to workers comp. Did you file a criminal complaint?#N#Talk to a PI lawyer near you.

David Charles Rash

You should consult with an attorney who has experience handling personal injury cases. In terms of filing a lawsuit, you may typically have options of where depending on where the incident occurred, Louisiana, where the person who assaulted/battered you resides, Florida, or where the trucking company you were employed by has its principal office.

What is assault in law?

Whether viewed as a civil wrong (a "tort" or personal injury) or a crime, an assault is typically defined as intentional conduct that is meant to place another person in reasonable apprehension or fear of harmful contact.

What are some examples of assault?

Acts that could constitute an assault include: Angela swings a fist at Valerie, who sees the punch coming, and ducks (Angela doesn’t actually hit Valerie). Andy holds a loaded gun to Victor's head (the same goes even if the gun was unloaded, or if it's a toy gun, but Victor reasonably thinks it's real).

What are some examples of battery?

Acts that constitute battery could include: playing a joke on a person, where the "punchline" involves offensive contact. performing surgery on the wrong area of a person's body. throwing an object that strikes a person, and. poisoning a person's drink.

Can the same conduct lead to a personal injury lawsuit?

The same conduct can lead to a personal injury lawsuit and/or a criminal prosecution, depending on who initiates the case, but there are key differences when it comes to the burden of proof and the consequences of liability.

What happens if a person is found guilty of a crime?

If the defendant is found guilty, he or she will be subject to a number of different punishments that are usually spelled out in the state’s penal code (i.e. incarceration for a certain amount of time, imposition of fines, probation, community service, counseling).

Is assault a tort?

As mentioned above, "assault" and "battery" can give rise to cases in both civil and criminal courts. In civil lawsuits, "assault" and "battery" are considered intentional torts, meaning the defendant (the person being sued) meant to take the action that led to the harm suffered by the plaintiff (the person filing the personal injury lawsuit ).

What to do if you are charged with assault?

If you are charged with simple assault, you should contact an attorney immediately to discuss your options. A local attorney will be familiar with the prosecution policies in the local courts and with sentencing and diversion programs that might be available to you.

What is a plea agreement in an assault case?

Under a typical plea agreement, the defendant pleads guilty or no contest to one or more charges and the parties agree on a proposed sentence to present to the judge. The judge ultimately determines the appropriate sentence, but usually will follow reasonable agreements between the prosecution and the defense. (If a defendant pleads no contest, he does not admit guilt or dispute the charges. A no contest or "nolo contendre" plea is a statement that the defendant does not contest the charge.)

What is assault crime?

In some states, the crime of assault consists of threatening behavior and does not involve any physical touching. Under this definition, a person commits an assault if he threatens another person with immediate bodily harm by behavior or statements, appears to have the ability to carry out the threat, and causes the person to feel fear. An example of this type of assault is an able-bodied man yelling moving closer and closer to another person (perhaps with a drawn fist or a knife within reach) and yelling that he will cut, hit, or otherwise physically injure the person.

What happens if you don't plead guilty to a crime?

Some states and local courts have diversion programs, under which the defendant does not plead guilty or no contest and does not go to trial, but agrees to participate in the program and complete all its requirements (possible requirements include counseling, staying off drugs or alcohol, finding employment, and reporting to a probation officer). If the defendant completes the diversion program successfully, the charges are dismissed. These programs often require the defendant to agree to an automatic guilty plea if the defendant fails to complete the program. The defendant may even be required to sign a statement of guilt in advance, which the prosecution can enter against him if he fails to comply with or complete the program requirements.

Can a defendant agree to spend time in jail?

In some cases, the defendant may have no choice but to agree to spend some time in jail. Circumstances in which a prosecutor may require an agreement to a jail sentence can include:

What happens if a defendant completes the diversion program?

If the defendant completes the diversion program successfully, the charges are dismissed. These programs often require the defendant to agree to an automatic guilty plea if the defendant fails to complete the program.

Can a person go on probation without time in jail?

If the defendant has no criminal record or very little criminal history or there are mitigating circumstances, or both, the prosecutor may agree to the defendant serving his entire sentence on probation with no time in jail, and even agree to the charges being dismissed once the defendant completes probation. This often is referred to as a deferred sentence in which the court does not enter a conviction unless the defendant commits another crime while on probation or otherwise fails to comply with terms of probation.

What to do after being assaulted at work?

No matter if you knew the person or you were assaulted by a stranger, one of the first things to do after a workplace assault is to contact the police and file a criminal complaint against your attacker. In most cases of assault at work, there are enough witnesses (coworkers or customers) to give the police probable cause to arrest the attacker under criminal charges.

What happens if your boyfriend punches you in the nose?

If your boyfriend’s ex unexpectedly shows up at the department store where you work and punches you in the nose, your employer is probably not liable for your injuries. The employer could not know that someone with a personal grudge would show up at your workplace.

What is the duty of care of an employer?

Employers have a legal duty of care to provide a safe work environment and to protect their employees from undue harm and physical injury. A safe work environment means you should not be subjected to violence from your employer or anyone else.

How to notify your employer of your injury?

Notify Your Employer: As soon as you’re able, tell your employer you were injured on the job. File a Workers’ Comp Claim: Telling your employer isn’t enough. You have to file your worker’s comp claim before your state’s deadline. Your employer should give you a claim form and instructions.

What is workplace violence?

Workplace violence usually involves assaultive behavior. Injuries from a violent assault can range from scrapes and bruises to broken bones, serious head injuries, and even death. Sexual assault may also occur at the workplace. Employees injured from an assault at work are entitled to workers’ compensation coverage.

Can you file a workers compensation claim on your own?

If you expect a full recovery from a physical assault with only a few days or weeks missed from work, you can probably handle your workers’ compensation claim on your own.

Can an employer claim workers comp?

Under certain conditions, an injured employee can claim workers’ comp benefits and file a lawsuit against their employer to seek additional compensation.

What is the definition of assault with a deadly weapon?

An assault (Penal Code Section 240) occurs when the Defendant acts in such a manner as to put the victim in reasonable apprehension of physical harm. In other words, the victim feels reasonably threatened by a physical act but does not actually to have physical contact with the Defendant.

What is a deadly weapon?

Assault with a deadly weapon (Penal Code Section 245 (a) (1)) occurs when the person is assaulted in the same manner as above except the Defendant uses a weapon like a knife or gun. However, a person's foot can be considered a dangerous weapon as can someone's vehicle.

What Is An Assault?

• Whether viewed as a civil wrong (a "tort" or personal injury) or a crime, an assault is typically defined as intentional conduct that is meant to place another person in reasonable apprehension or fear of harmful contact. The contact must appear to be imminent, meaning that the offender must appear to have the present ability to cause the contact, even if he or she is not actually cap…

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