In addition to being criminally charged, a defendant may also be held liable for money damages in civil court for intentionally causing harm to another.  There is a distinction when it comes to assault and battery.  Assault is an intentional act that creates apprehension in the victim, of an imminent, harmful or offensive contact.  So in order to have a valid claim of assault, the aggressor must threaten the victim with harm (either by words or conduct), and have a present ability to carry out the threat and or harm.  Battery on the other hand, is an intentional act that causes harm or offensive touching to the victim, without their consent.

Generally, the type of acts that constitute battery are: punching, hitting, kicking, pushing, grabbing, and even spitting.  The degree of harm no matter how slight constitutes a battery, so long as the elements of the claim are satisfied.  Typically, these type of cases involve bouncers or security guards who engage in overuse of force, school yard fights, bar fights, sporting event fights and sexual assault cases to name a few.

Many believe, once the defendant has been criminally charged and later convicted, there is no further recourse.  A victim of assault and/or battery is may recover money damages in civil court for the injuries they sustained by the hand of the defendant.  However, your time to file a lawsuit is limited in California to two years from the date of injury.  If you of a loved one has been assaulted and/or battered by another, call The Law Office of Troy M. Pearson, APC for a free case evaluation.