Employment / Personal Injury / Business
What is Assault and Battery?
Road rage. Rowdy concerts. Brawls in a bar or even at a political event. Intolerance in our society has increased the occurrence of assaults and batteries by people who have not learned to resolve disputes in a non-violent manner. Our legal system provides remedies to the injured victims of assault and battery.
An assault is an intentional act which causes another person fear of imminent harmful or offensive contact. A battery is an act which does, in fact, cause harmful or offensive contact. If a person cocks his fist and shouts at another, “I’m going to hit you!” he has committed an assault. If the same person follows through with his threat and hits the other person, he has now committed a battery in addition to the assault.
While a battery requires contact, it is not limited to body-to-body contact. If a person causes any projectile to hit another person, whether a ball, a bullet or a stone, or uses a weapon like a baseball bat, golf club, or yardstick to strike another person, that person is liable for a battery.
The Difference Between a Criminal vs. Civil Assault and Battery Cases
While criminal law has its own definitions for assault and battery (simple and aggravated) and established penalties for their occurrence, civil law is concerned only with monetary compensation for the injuries caused by an assault and/or battery. Injuries can be physical or emotional. However, a battery does not have to cause physical injury to result in liability. Even an unwanted touching as in the case of sexual harassment, though perhaps not physically harmful, still constitutes a battery.
Some examples of situations which may lead to civil lawsuits for assault and battery are:
- Fist fights in bars, at sporting events, and on other occasions when people lose control, especially after consuming alcohol.
- Road rage
- Sexual harassment
- Neighbor disputes
- Domestic violence
Other persons and parties may also be liable for allowing or enabling a situation in which an assault and/or battery occurs. Examples of these cases are:
- Serving alcohol to persons visibly intoxicated.
- Failing to provide adequate controls in situations where crowds and rowdiness can be expected such as concerts and sporting events.
Contact The Fegley Law Firm if You’ve Sustained an Injury from Assault and Battery
If you have suffered an assault or battery, you need a skilled attorney, like Scott Fegley at The Fegley Law Firm, to obtain and preserve the facts that will establish your right to compensation. Scott Fegley will hire the right experts and present the necessary facts to make a compelling case for the client. The Fegley Law Firm works tirelessly to help you put your life back together after a devastating injury from an assault or battery.
If you were injured in an assault or battery, turn to the personal injury experts at The Fegley Law Firm. Contact us or give us a call at (215) 493-8287 to schedule a free consultation.