Assault Torts and Injury Law
Assault means something very specific when it comes to torts and personal injury law. In tort law, an assault refers to an attempt or threat of violence -- not actual violence itself. This may surprise people. For instance, threatening someone with a knife without actually making contact with them could be considered an act of assault. The term is also used in criminal law, but sometimes includes elements of battery (depending on the statute).
This article provides a brief overview of assault.
Assault vs. Battery
Most people think of “assault" as referring to a violent attack. For example, as in “the gang assaulted a rival gang member on the corner of the street" or “the Marines began their assault on the enemy position atop the hill." Violence, or at least some sort of physical contact, is generally implied in the term.
However, while state laws sometimes differ, assault torts generally don't require that physical contact actually occurred. Instead, legal scholars define assault as an intentional attempt or threat to inflict injury upon a person, coupled with an apparent, present ability to cause harm, which creates a reasonable apprehension of bodily harm or offensive contact with another.
Notice the words “attempt" and “threat" above. In tort law, assault does not require actual touching or violence against the victim. We use another term for touching or contact: “battery."
These are two distinct but related torts. Just as someone may commit an assault without a battery, someone also may commit a battery without an assault. For instance, a surprise attack from behind resulting in physical injury may be committed without causing the initial fear of injury.
Assault and Battery
You may have heard the term “assault and battery," and in fact, these terms often appear together. This refers to a situation where both an assault (attempting to injure or threatening to injure) and a battery (actually touching someone) occur in the same incident. Often the assault occurs immediately after the battery: Right before Fred shot Jon, Jon saw Fred aiming the loaded rifle at him.
History of Assault Torts
This definition of assault developed in common law. What this means is that courts developed a working definition over the course of centuries, long before the legislature passed a statute defining civil assault. Modern assault statutes closely reflect this ancient common-law definition.
An assault is both a crime and a tort. Therefore, an assailant may face both criminal and civil liability. A criminal assault conviction may result in a fine, imprisonment, or both. In a civil assault case, the victim may be entitled to monetary damages from the assailant.
Civil Assault Cases: Damages
Separate from any criminal prosecution for assault, a victim may pursue civil damages for injuries caused by it. After a determination by a judge or jury that an assault was committed, the next step is to determine what compensation is appropriate.
Three types of damages may be awarded:
1. Compensatory Damages -- These include things such as medical expenses and lost wages and are meant to compensate for the injury sustained when you have assault and a battery.
2. Nominal Damages — Nominal damages act as an acknowledgment that a person has suffered a technical invasion of rights. They are awarded in cases where no actual injury has resulted, or where an injury occurred, but the amount has not been established.
3. Punitive Damages -- Punitive damages sometimes may be awarded in particularly egregious circumstances, as a way to further punish the wrongdoer. Punitive damages go above and beyond compensatory damages.
Seek Compensation for Your Injuries: Have a Lawyer Review Your Assault Claim
Assault can range from the threat of violence (causing apprehension or fear of harm), to unwanted touching (such as groping), to an act of violence. Regardless of the circumstances, you have the right to seek compensation for any injuries -- physical and/or emotional -- that result from an assault.
Get in touch with a local personal injury lawyer today to have them review your case today.
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Contact a qualified personal injury attorney to make sure your rights are protected.