Perhaps the most frequently encountered civil and criminal actions involve the offense of assault and a battery. These are technically two different torts or crimes. A battery is a touching, however slight, of another person in a rude, insulting, or angry way. An assault is any threatening act that puts another person in reasonable fear of physical injury. Words alone are never an assault. Someone who encourages another to commit an assault or a battery may be liable even if he is not there when the assault or battery takes place A doctor may be liable for assault or battery for an unconsented operation or exceeds the scope of permission. Many assault and battery cases arise in the context of an arrest. Generally, a lawful arrest can be made with reasonable force. An unlawful arrest can be resisted with reasonable force. See Police Misconduct Other special circumstances can involve situations such as shoplifting, assaults against family members, and wrongful conduct against children. See also Sexual Assault or Crime Victims

The most common defense to assault and battery is self-defense. This can include defense of self, defense of another, or defense of property. A person   threatened with an unprovoked assault and battery generally has a right to use as much force in self-defense as reasonably necessary to protect themselves. However, it is unreasonable to continue to use force if the other party withdraws from a fight in good faith and discloses their desire to terminate the confrontation. A person may use reasonable force under the circumstances to protect property that is rightfully in their possession may not put human life in danger or cause any person serious physical injury.

A person wrongfully attacked may be entitled to compensatory and punitive damages. Compensatory damages may include in part financial loss resulting from the injury, all physical injury and disability, pain and suffering, and any shame, humiliation, embarrassment, or indignity to feelings. Punitive damages are designed to punish the wrongdoer.

The following are a few important legal, factual and evidentiary issues that should be considered when evaluating a possible assault and/or batter claim.

• What was the context of the assault?

• What were the relationships of the parties?

• Was there any physical disparity?

• Who was the aggressor?

• Was the act was done in an angry, rude or vengeful manner?

• Was any malice involved?

• What was the amount of force?

• Was the matter investigated by the police?

• Were there any independent witness or unique evidence such as a video?

• Were any of the parties found guilty of a criminal offense?

• What are the nature and extent of any injuries?

• Were the injuries severe or caused to suffer permanent impairment?

• If a civil action is successful, are there any assets to satisfy a judgment?

If you, a friend, or loved one are the victim of an assault and battery, you should take immediate steps to protect their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, or by signing any documents. After calling law enforcement authorities, obtain needed medical attention, read our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to accidents. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using the following Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.