Civil Assaults

There are times when the prosecution/district attorney doesn't bring criminal charges against a defendant when someone is harmed or injured in a physical altercation. This usually happens due to a lack of evidence, lack of credible witnesses, the degree of fault of each party, and several other varying factors. This doesn't mean that a victim has met his/her end of the line.

A victim has another option, when it comes to seeking recovery, which comes in the form of civil assault claims. Depending on the factors, a victim can successfully claim a civil assault case against his or her attacker.

It's important to remember that criminal prosecution is meant to penalize defendants for their illegal acts. On the other hand, civil prosecution is designed to bring a sense of relief to the victim, by having the defendant compensate him/her for injuries. Through civil action, the wrongdoer is held liable for the pain, suffering, and damage they inflicted on the victim, rather than serving punishment.

When it comes to proving a civil assault claim, a plaintiff has to show the basic element that an assault was present. This can include:

  • The defendant acted with intention to harm the plaintiff, and/or the plaintiff had reason to believe he/she was about to be physically assaulted in a harmful or offensive manner.
  • The defendant threatened to touch, harm, or offensively come into contact with the plaintiff, and the plaintiff found reason to believe the threats.

This might seem straightforward; however, there are many complex aspects in these cases that cause confusion and stress. Even simple events and actions are hard to prove, as there are multiple elements that have to support the accusations. These elements generally include:

  • The plaintiff must show that the defendant touched or caused the plaintiff to be touched with intent to harm or offend the plaintiff.
  • The plaintiff did not consent to the act or touching.
  • The plaintiff must show that he/she was harmed or offended by the act or touch.

If you are seeking a civil assault action, you have already been through enough stress, along with pain and suffering. Allow an attorney who is skilled in civil assault cases to help you through this difficult time. The right lawyer will not only help you understand your rights, but also ensure that you receive the maximum recovery possible.

At the Law Office of Jason S. Stevens, LLC, we understand each case is different. Therefore, in order to formulate the strategy that best fits a client's situation, we take the time to listen to the each client's individual needs. We will not only provide a plan, but also advise the client on alternative strategies available. We aim to not only help each client make the right decision for his or her specifics, but help him or her every step of the way.