Although many individuals are unaware of the distinction, assault and battery are two different sorts of personal injury accusations. Even if there is no physical contact, it is considered assault when one person intentionally behaves in a way that makes another believe they may be injured. The allegation becomes battery once contact is established.
Assault and Battery Lawyers Bismarck ND of Assault and Battery Law Firm Bismarck ND defends clients accused of assault and battery. During a free appointment, one of the experienced criminal defense attorneys would be delighted to explore the assault and battery matter with you.
Assault and battery are both criminal offenses. The culprit will very certainly face criminal prosecution and consequences, including possible prison time. They will require the services of a criminal defense attorney.
Intentional torts include assault and battery. That is, it is a civil offense. It might be used as the foundation for a personal injury claim. Victims have the right to sue criminals for monetary damages to be compensated for the damage they have endured.
What is Assault?
An attack is defined as a credible threat of serious physical injury. It might be a verbal threat accompanied by an action that indicates a desire to injure, such as brandishing a knife or taking up a baseball bat. It might also be a nonverbal threat, such as waving a pistol at someone.
The threat must generate apprehension in the victim to be considered an assault. Threats must be made with malice or recklessness by the person making them. Additionally, any rational person would perceive the words and acts as posing a danger to one’s health.
What is Battery?
Assault is followed by battery. It is the act of making deliberate or offensive physical contact with another person. Assault and battery might therefore be defined as threatening to hit somebody and punching them.
Inappropriate sexual touch can also be offensive. The individual may well have produced a sexually provocative remark that made the victim fear for their safety. A battery would be committed if they indeed cornered the victim into a corner and inappropriately touched them.
Proving that the offense took place is the first step in a civil lawsuit for assault and battery. The counsel representing battery victims will have to show that the perpetrator behaved with malice. Then they must show that the danger made their client nervous or fearful.
Attorneys that have handled assault and battery cases before will know how to illustrate the level of fear induced by an attack or the severity of the harm inflicted by a battering. Police reports, medical documents, and treatment records can all be used to substantiate injuries. The cost of the injury is documented through medical costs, rehabilitation programs, medical equipment and medications, and time off work.
It is to note that, not all matters comprising the threat of violence or unwelcome physical contact are improper or constitute assault and battery. A defendant accused of assault and battery could well have behaved in self-defense, to protect others, or to avoid committing a crime. This is why you need to employ Assault and Battery Lawyers Bismarck ND from Assault and Battery Law Firm Bismarck ND who is on your side.
At Ward K Jonson, our Assault and Battery Lawyers Bismarck ND are recognized for their efficient legal tactics, which we tailor to each case to get the best possible result. Depending on the facts of your case, we may be able to submit motions to suppress evidence or to have the accusations against you lessened or dismissed. If necessary, we may also be able to work out a plea deal with prosecutors. If your matter gets to trial, we will vigorously defend you in court.