{"id":357968,"date":"2016-04-04T10:46:17","date_gmt":"2016-04-04T15:46:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/assault-and-battery-plaintiff.html"},"modified":"2023-08-28T13:46:51","modified_gmt":"2023-08-28T18:46:51","slug":"assault-and-battery-plaintiff","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/assault-and-battery-plaintiff.html","title":{"rendered":"Can I Recover Money if I Was the Victim of Assault and Battery?"},"content":{"rendered":"\n
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Can I Recover Money if I Was the Victim of Assault and Battery?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Victims of assault and battery can often recover money through a civil lawsuit, even if the criminal case doesn\u2019t result in restitution. Civil assault and battery claims allow you to seek compensation for medical bills, lost income, pain and suffering, and other damages caused by the attack.<\/p>\n<\/div>\n<\/div>\n

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A crime can be expensive for both the perpetrator and the victim. The perpetrator faces jail time, court costs, and a criminal record. The victim faces recovery from their injuries and psychological damage. Some courts order convicted criminals to pay restitution<\/a> to the victims, but not always.<\/p>\n

This article explains assault and battery, one of the most frequently charged crimes and a common intentional tort<\/a>. You’ll also learn how victims can obtain payments for their injuries through a civil lawsuit after the criminal case is over.<\/p>\n

The physical and emotional aftermath of an assault can be life-altering. An experienced personal injury attorney<\/a> can explain your options and pursue the compensation you\u2019re owed.<\/p>\n

What Is Assault and Battery?<\/h2>\n

When discussing “assault and battery,” it’s important to distinguish between criminal assault and battery<\/a> and the intentional tort of assault and battery. The actions are identical, but the outcomes are different.<\/p>\n

Criminal Assault and Battery<\/h3>\n

Depending on the jurisdiction,\u00a0assault and battery<\/a>\u00a0may be two separate criminal acts, although they almost always occur together. Some states have abandoned “assault” as a separate crime and combined it with “battery” as a single offense. For this article, “battery” refers to the criminal version.<\/p>\n

Criminal battery is “intentional and unlawful touching without acting in self-defense or defense of another.” The lightest touch is sufficient to accomplish battery. Still, it’s unlikely a prosecutor would bring assault charges for bumping against anyone.<\/p>\n

Criminal battery requires an intent to cause physical harm, the\u00a0mens rea<\/a>\u00a0of crime. The intent to harm elevates intentional contact from a tort into a crime.<\/p>\n

Simple battery is usually a misdemeanor. In most states, there are increasing levels of battery. Sexual battery is often charged as a felony sexual assault<\/a> crime. Whether the parties say it is or not, domestic violence<\/a> is a crime.<\/p>\n

Tortious Assault and Battery<\/h3>\n

The tort of\u00a0assault\u00a0is separate from the tort of battery<\/a>. Assault is any convincing threat of imminent harm. The threat must cause apprehension in the victim. The person making the threat must be doing so\u00a0intentionally\u00a0or recklessly. Furthermore, any reasonable person would feel that the words and actions are a threat of bodily harm.<\/p>\n

Battery\u00a0is an act of intentional or offensive physical contact. It is possible to commit battery without assault<\/a>. Walking past someone and smacking the back of their head would constitute battery without assault.<\/p>\n

Any offensive contact can be grounds for tortious battery. Unlike criminal battery, civil assault and battery only need to be intentional to be actionable.<\/p>\n

Comparing Criminal and Tortious Assault and Battery<\/h3>\n

The difference between a crime and a tort is the intent. In a criminal act, the intent is to cause harm. In a tortious act, the intent is to cause the touch. If you walk past someone and smack the back of their head, you may not have intended to hurt them, but you did intend to touch them. If you don’t hurt them, you may not be criminally charged<\/a>, but you might be civilly liable.<\/p>\n

Proving an Assault and Battery Civil Case<\/h2>\n

If you have been the victim of an assault or battery, you do not need to worry about proving the criminal case. That is the prosecutor’s job. If the matter was a simple assault, and no criminal charges were filed, it wouldn’t affect the civil case.<\/p>\n

Unlike a personal injury claim<\/a>, in which there could be car accident photos and police reports, assault and battery cases may have nothing but your word and that of witnesses. An assault claim may come down to your word against the perpetrator’s.<\/p>\n

Burden of Proof<\/h3>\n

In a civil case, the burden of proof is on the plaintiff. You and your tort lawyer<\/a> must show that the defendant committed an intentional act that caused apprehension of imminent harm. If you were a victim of battery, you need to provide:<\/p>\n