Los Angeles Assault and Battery Attorneys
Representing assault and battery clients in Los Angeles
For a FREE consultation with a Los Angeles Assault & Battery Attorney, complete the form at the end of this article or call 877-995-2529 today.
As in other California cities, in Los Angeles, assault and battery incidents frequently require the retention of a personal injury attorney who specializes in intentional torts. Suffering bodily harm in a violent incident, and even the threat of physical harm, can be traumatic and emotionally devastating. If you are the victim of assault or battery, you may be due monetary compensation through a civil lawsuit filed in the Superior Court.
You, the victim, can successfully pursue a civil case whether or not criminal charges are filed and whether or not a conviction is obtained. The burden of proof differs between civil and criminal assault and battery cases. Criminal charges need to be proven “beyond a reasonable doubt” by a unanimous jury decision. In the civil court only a “preponderance of evidence” affirmed by a 9 of 12 majority of the jury. Also, punitive damages are available if malice is proved at trial.
What is Assault and Battery?
Whether an assault takes place at work, at home or in public, these intentional acts (“torts”) are well defined by the law:
Assault occurs when someone willfully and intentionally physically attacks you or threatens to cause you harm through physical force or the apprehension of physical harm. The threat is such that your fear was authentic, well-founded and imminent and that the individual making this threat was likely to follow through. No actual physical harm or contact need be demonstrated with assault.
Battery: When someone intentionally makes unconsented contact with you, or is responsible for causing an object to strike you (against your will) they are guilty of battery. In a civil case, battery need not cause bodily harm, however punitive damages are available because it is an intentional act. Medical expenses and pain and suffering are compensable items of damages.
Assault and battery can occur in innumerable contexts: sexual assaults, domestic violence, reckless operation of a motor vehicle or altercations.
Here are some examples of situations not considered "assault and battery":
- Police officers who use warranted and reasonable force
- Parents disciplining their own children
- Property owners defending against damage to their land and buildings
- Merchants defending from damage or theft
- School teachers (specific rules vary by jurisdiction)
- Contact sports
- Consensual fighters, unless one person uses excessive and unreasonable force, such as when an altercation escalates to a knife or gun fight
As noted, the definitions of assault and battery are a matter of degree. It is the job of your assault and battery attorney to effectively represent your case in a court of law.
Contact Los Angeles Assault & Battery Attorneys
If you are a victim of an assault and battery and are ready to learn how our Los Angeles assault and battery attorneys can assist you and your family, please call us today for a free consultation about assault and battery.
David Drexler is an experienced trial attorney who will provide you with wise and compassionate legal counsel and representation through each stage of the process. Remember, you pay nothing if we don’t win your case.
You can contact Los Angeles assault and battery attorney David Drexler by email, by calling 1-877-99-LA-LAW (1-877-995-2529) or by filling out the form below.
Los Angeles Assault and Battery Attorney Contact Form
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1-877-995-2529
If you have personal injury case and are ready to learn how our Los Angeles personal injury attorneys can assist you and your family, please call us today for a free consultation. Contact Us...
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