ASSAULT  &  BATTERY


Assault is the crime of threatening to do bodily harm to someone, while battery is the actual infliction of physical harm. Often these crimes go hand in hand, but not necessarily. Either can be a misdemeanor or a felony, depending on the nature of the threat or the degree of harm done. These crimes occur in such common places as the home (where it may be termed "domestic violence"), schools, bars, neighborhood streets, etc. The scenario may be one-to-one, or there may be several persons perpetrating the assault and/or battery on a single victim, or just one assailant inflicting the injury onto more than one victim.


This crime can have very serious consequences: medical bills may be enormous, much work might be missed, and injuries can be quite serious or even permanent. The victim's life may be changed forever if they are incapacitated or crippled. Obviously, criminal charges should be filed against assailants, but these are designed only to punish the criminal in the name of society, and while this is necessary, it does nothing directly for the victim. A civil case should also be initiated against any attacker in order to recover expenses incurred as medical bills and income lost from missed work, and to achieve a money award designed to compensate the injured for pain and suffering.


The evidence needed to prevail in both the criminal prosecution and the civil action is a combination of forensics and eyewitness testimony. Furthermore, a complete background history of the assailant can be key to the preparation of a successful case. The role of our firm is to identify, collect, and preserve the evidence necessary to bring the assailant to justice and to compensate the victim.


 

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