California Assault and Battery Attorney
If you have been the victim of Assault and Battery in California you have rights. It is necessary to employ an experienced firm to obtain compensation. You can reach us at (800) 816-1529.
Assault occurs when someone makes you believe they are going to batter or hit you, battery occurs when they do cause a harmful contact to you.
California’s Assault & Battery Attorney
- If you have already been assaulted or battered in the State of California, we highly recommend that you stop reading right now, and call our law firm for a free telephone consultation at (800) 816-1529, Ext. 1. We will tell you over the telephone if we think that you have a case and whether we can help you.
- If we believe we can help you, and you decide to retain us, we can sign you up electronically through your smart phone, tablet, or computer.
- If you do not have medical insurance or a medical provider, we can immediately refer you to an appropriate doctor near you who will treat you without you having to pay money out of your pocket for medical treatment. (Yes, even if you do not have medical insurance)
- Yes, this can all be accomplished with one phone call to our law firm. We try to make the process as simple as possible for you.
Even if the victim does not sustain serious injuries, assault and battery can have a long-lasting impact. For instance, if someone holds another person at gunpoint, the victim may develop PTSD or be afraid to leave the house. In the worst-case scenario, physical battery can result in permanent disfigurement, inability to work, and difficulty paying medical expenses.
According to the Law Office of Norman Gregory Fernandez & Associates, the cost of suffering is infinite. In order to rebuild their lives following an assault or battery, victims are entitled to monetary compensation and justice. If you have been the victim of an assault or battery, our attorneys are prepared to fight by your side and recover the necessary damages.
Battery and Assault in California
California considers assault and battery to be two separate causes of action.
- Assault is the intentional threat of physical violence against a victim. They are not required to carry out this threat for an assault charge to be valid. The victim need only perceive that a threat is imminent.
- Battery is an unconsented intentional physical contact that results in injury. Includes sexual offenses such as rape and molestation. Police brutality is an additional form of assault.
Assault Claims in Court
Assault and battery are intentional torts in civil court. Therefore, the plaintiff must demonstrate that the defendant intended to cause the intentional act. The standard of proof in criminal court is “beyond a reasonable doubt.” Civil court requires only a “preponderance of evidence” to find a defendant liable, the burden of proof is considerably lower.
However, many assault and battery cases are not straightforward. Thus, it can be difficult to establish intent. The defendant may even contend that the assault was a reasonable response to your provocation, a common defense in cases of police brutality. However, a person’s authority to commit battery does not grant them the right to use excessive force.
In California, it is possible to receive compensation for medical and psychological treatment, loss of future earnings, lost wages, and pain and suffering. Having competent legal counsel can make all the difference. A competent attorney will aid in gathering evidence and determining whether a civil case is worthwhile to pursue.
More on Civil Assault and Battery Cases in California
California Cases involving assault and battery are intentional torts. This indicates that the individual who assaulted or battered you did so on purpose.
Due to the intentional nature of these actions, you can recover not only special and general damages, but also punitive damages.
The purpose of punitive damages, also known as exemplary damages, is to punish the offender, and they can far exceed your other damages.
Nonetheless, these cases are typically not covered by insurance.
There is an exception for company employees who commit assault and battery. Typically, the employer is responsible for the actions of its employees, including assault and battery. as long as it is committed within the course and scope of employment
ASSAULT
Assault is defined as an intentional act that causes a victim to fear imminently receiving a harmful or offensive contact.
The suspicion must be rational.
In layman’s terms, this means that if, for example, someone raises their arm as if to hit you, and you believe you’re about to be hit, and your belief is reasonable, you are the victim of an assault and are entitled to legal compensation for being assaulted.
BATTERY
The definition of battery is an intentional act that results in a harmful or offensive contact.
This means that if someone hits or grabs you, you are the victim of a battery and are entitled to legal compensation for having been battered.
Keep in mind that battery is not simply being struck; it is a dangerous or offensive contact. So, battery can include not only being struck, but also rape, someone intentionally hitting your car with the intent to frighten you, grabbing your buttocks, and other similar contacts.
If you have been assaulted or beaten, you must immediately contact the police and report the incident.
If you are injured, we always advise that you seek medical attention immediately.
Then, we advise you to contact us at (800) 816-1529, extension 1, so that we may evaluate your case.
The Law Office of Norman Gregory Fernandez & Associates Difference
Contact The Law Office of Norman Gregory Fernandez & Associates immediately if you’re a California resident who has suffered an assault or battery. With more statewide meeting locations and millions of dollars recovered, we have the resources and reach to provide you with the best possible service. Although The Law Office of Norman Gregory Fernandez & Associates serves the entire state, we are still a family law practice. Our attorneys treat each client like family and personally handle their cases.
Some attorneys are masters of all trades. At The Law Office of Norman Gregory Fernandez & Associates, we have more than 25 years of experience fighting for the rights of victims in personal injury cases.
Join the Law Office of Norman Gregory Fernandez & Associates by submitting a free case evaluation form to speak with one of our experienced assault and battery attorneys or call 800-816-1529.
Get Help Now
The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1.
You may download our California Accident App for iTunes and Android by going to our California Accident App page by clicking here. The app will enable you to record all information related to your assault and battery case and transmit it to our office.
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