Civil Assault and Battery Charges

Assault and battery is a criminal charge. Like most violent crimes, assault and battery is thought of as being a severe enough of an offense to warrant criminal proceedings. But sometimes the criminal justice system does not work to the extent that an injured party believes it should. Or the victim wishes to seek monetary damages from the perpetrator in addition to his or her conviction in criminal courts.

The most famous case in which a civil case was pursued for a criminal offense was that of O.J. Simpson who was acquitted by a jury in criminal court but convicted in a subsequent civil trial for murder. But conflicting rulings are not as common a reason to pursue a civil suit for a criminal offense as is the desire for a victim to seek personal compensation for damages.

The Difference between Assault and Battery

Assault and battery are often paired together, but they actually have two completely different meanings. The legal definition for both is the following:

oAssault-an intentional act which causes a reasonable and imminent apprehension of a harmful or offensive contact which is un-consented. In other words, assault is a form of threatening and it does not require actual touching or physical contact.

oBattery-an intentional act which causes a harmful or offensive contact which is un-consented. Basically, this is when someone physically harms another person without his or her consent.

Civil assault and battery charges differ from other persona injury charges in the type of damages that can be sought. In civil court, assault and battery are thought of as two separate torts and damages are limited to things directly linked to the assault or battery. It is also possible for the victim to seek punitive damages in this type of suit. Punitive damages are basically punishment damages. Punitive damages are allowed for common law torts involving intentional acts. Most personal injury cases involve injury that occurred by accident. In these cases, negligence must be proven. Thus these cases do not involve intentional acts and punitive damages are irrelevant.

It is important that victims of violent crimes are aware of their rights. Justice can be handed out in more ways than just the criminal court system.

To find out more about civil assault and battery lawsuits, visit the website of the St. Petersburg personal injury lawyers of Beltz & .